Judgments

The Labour Appeal Court considered an appeal against the Labour Court's dismissal of an application to strike out allegations from a statement of case in an unfair dismissal dispute. The court said the allegations of procedural irregularities could be relevant to the pleaded substantive unfairness case, and dismissed the appeal with costs.

The Supreme Court of Appeal dealt with whether an investment mandate was concluded with Mr Davison personally or with a company connected to him. It found that the email wording, read in context, did not establish personal contracting, and that the appeal should succeed.

SAFlii has listed this judgment: Lizelle Schreuder N O v Minister of Police and Others (047/2024) [2026] ZASCA 52 (14 April 2026).

The Supreme Court of Appeal considered an application for special leave to appeal and condonation in a matter about prescription and cessioned claims. It recorded that the claims arose from payments made under void magistrates' court judgments, and held that the applications were dismissed with costs.

The Labour Appeal Court dealt with an appeal about the dismissal of a Namaqua Wines employee after he called his supervisor a white racist during a heated incident at the HR office. The court found that the commissioner and Labour Court had not applied the approved objective test correctly and held that the dismissal was substantively unfair. It upheld the appeal, set aside the Labour Court order, and ordered retrospective reinstatement with no costs order.

The Constitutional Court considered an appeal about whether a trial judge should have recused himself after briefly leaving a virtual hearing without first adjourning it. It set aside the Supreme Court of Appeal order and remitted the merits-related leave to appeal and appeal back to that court.

The Constitutional Court dealt with proceedings arising from the unlawful award of a social grants payment tender to Cash Paymaster Services. It ordered CPS to refund an adjusted certified profit of R81 286 177 to SASSA and granted SASSA leave to prove a concurrent claim. The Court also declared that, if CPS succeeds in its pending upward price adjustment action, any increased price paid to CPS need not be refunded as additional profit.

The Labour Appeal Court dealt with an appeal about whether gross procedural unfairness can become substantive unfairness. It held that the Labour Court erred in reviewing an award on a ground that had not been pleaded or ventilated at arbitration, and the appeal was upheld.

SAFlii has listed this judgment: Passenger Rail Agency of South Africa (PRASA) v Blom and Others (DA11/2025) [2026] ZALAC 19 (26 March 2026).

SAFlii has listed this judgment: South African Commercial Catering and Allied Workers Union v Massmart Holdings Ltd and Others (CCT 145/24) [2026] ZACC 11; 2026 (6) BCLR 587 (CC); [2026] 6 BLLR 567 (CC); (2026) 47 ILJ 1273 (CC) (25 March 2026).

The Labour Appeal Court heard an appeal against a Labour Court order that had upheld an arbitration award finding Ms Roshelle Jaipal’s dismissal substantively unfair and ordering reinstatement. The court recorded that the dispute arose after an email and WhatsApp message sent by Ms Jaipal about a Labour Court order and after disciplinary charges were brought against her.

The Labour Appeal Court heard an urgent appeal in a dispute between the Industrial Development Corporation of South Africa and Mr Tebogo Vincent Modika. It set aside the Labour Court order that had interdicted and suspended the internal disciplinary enquiry pending a decision by an arbitrator, and replaced it with an order dismissing the urgent application.

The Constitutional Court dealt with an appeal about temporary emergency shelter after an extreme weather event destroyed or damaged homes in Qumbu, Eastern Cape. It upheld the appeal, set aside the earlier court orders, and declared the Local Municipality and O.R. Tambo District Municipality’s failure and/or refusal to come to the applicants’ aid unlawful and unconstitutional. The matter was remitted to the High Court to determine factual disputes about the need for temporary emergency shelter and to finalise the matter.

The Labour Appeal Court considered an appeal about whether blast furnace and coke battery operations at ArcelorMittal’s plant were essential services under section 213 of the Labour Relations Act. The court said the risks described were occupational hazards rather than risks to the whole or any part of the population, and dismissed the appeal with costs.

The Labour Appeal Court dismissed an appeal by AMCU on behalf of Mr Otshepeng Kgotlang. The court dealt with his dismissal for gross insubordination and clocking fraud, and with the finding that he had refused repeated instructions to report for underground duties.

The Constitutional Court varied its 20 December 2024 order in relation to military judges and the suspension of declarations of invalidity under the Military Discipline Supplementary Measures Act. It extended the suspension period to 30 June 2027 and allowed the current 24 serving military judges, whose assignments lapse on 31 March 2026, to continue until their part heard matters are finalised, but not later than that extended period.