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South Africa Case Law

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Land And Property [2022] ZALCC 29

Manenzhe Community v Regional Land Claims Commissioner and Others; Ramphabana Tribe and Others v Regional Land Claims Commissioner,Limpopo and Others (LCC144/2019; LCC48/2021)

Manenzhe Community v Regional Land Claims Commissioner and Others; Ramphabana Tribe and Others v Regional Land Claims Commissioner,Limpopo and Others (LCC144/2019; LCC48/2021) [2022] ZALCC 29 (30 March 2022)

Court
Land Claims Court
Case number
LCC144/2019; LCC48/2021
Judge
SJ Cowen

The Court found that the withdrawal of the February 2021 referral was not irregular, as it was effected before a hearing date had been determined and thus complied with Rule 27. The referral and the application were distinct proceedings, and the withdrawal did not frustrate the directions or orders regulating the conduct of the application. The Court held that the amended gazette (GN 496 of 2021) was an attempt to comply with the court order and was empowered by section 11A of the Restitution Act. The question of whether the amended gazette fully complied with the order was not before the Cou…

Source excerpt

  • Restitution Of Land Rights Act
  • Withdrawal Of Referral
  • Irregular Steps
  • Contempt Of Court
  • Gazetting Of Land Claims
  • Court Orders Compliance
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Administrative Law [2018] ZASCA 44

National Consumer Commission v Univision Services Association NPC and Others (618/2017)

National Consumer Commission v Univision Services Association NPC and Others (618/2017) [2018] ZASCA 44 (28 March 2018)

Court
Supreme Court of Appeal
Case number
618/2017
Judges
Navsa, Leach, Seriti, Mocumie, Hughes

The Supreme Court of Appeal held that section 147 of the National Credit Act precludes the National Consumer Tribunal from awarding costs against the Commission in circumstances where the referral was made under section 73(2)(b) of the Consumer Protection Act and subsequently withdrawn. The regulations governing Tribunal procedure cannot be interpreted to broaden the Tribunal's statutory powers or override the explicit limitation imposed by section 147. The distinction between referrals by the Commission and those by complainants is material; only in the latter case does the Tribunal have dis…

Source excerpt

  • Costs Awards
  • Withdrawal Of Referral
  • Consumer Protection Act
  • National Credit Act
  • Regulatory Powers
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Labour Law [2013] ZALCJHB 303

SAMWU and Others v Commission for Conciliation Mediation and Arbitration and Another (J 2448/13)

SAMWU and Others v Commission for Conciliation Mediation and Arbitration and Another (J 2448/13) [2013] ZALCJHB 303; (2014) 35 ILJ 2011 (LC) (21 November 2013)

Court
Labour Court Johannesburg
Case number
J 2448/13
Judge
Steenkamp

The Labour Court held that the withdrawal of the first referral was akin to an order of absolution from the instance and did not deprive the CCMA of jurisdiction to enrol the second referral for arbitration. The doctrine of election is a defence to be raised at arbitration and does not affect jurisdiction. The pending review application regarding the first referral does not render the second referral res judicata or lis pendens, nor does it constitute an adequate alternative remedy. The CCMA is therefore compelled to set down the applicants' condonation application in respect of the second re…

Source excerpt

  • Unfair Dismissal
  • Mandamus
  • Withdrawal Of Referral
  • Condonation
  • Jurisdiction
  • Doctrine Of Election
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Labour Law [2010] ZALCJHB 45

Ncaphayi v Commission for Conciliation Mediation And Arbitration and Others (JR865/09)

Ncaphayi v Commission for Conciliation Mediation And Arbitration and Others (JR865/09) [2010] ZALCJHB 45 (3 August 2010)

Court
Labour Court Johannesburg
Case number
JR865/09
Judge
Lagrange

The commissioner misconstrued his jurisdiction by concluding that the applicant's withdrawal of the first referral precluded a fresh referral unless set aside by the Labour Court. The withdrawal of a CCMA referral is not a functionary act and does not bar a subsequent referral unless it forms part of a final settlement. The LRA and CCMA rules do not prohibit a fresh referral following a withdrawal at conciliation stage. The commissioner therefore erred in declining jurisdiction, and the award must be set aside. The actual date of termination and whether the applicant was dismissed are matters…

Source excerpt

  • Unfair Dismissal
  • Withdrawal Of Referral
  • Jurisdiction Of Ccma
  • Condonation Application
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.