Judgments

The Constitutional Court confirmed an order declaring section 10(1) of the Extradition Act inconsistent with the Constitution to the extent that it did not provide for a magistrate to grant or extend bail after a committal order. The Court suspended the declaration of invalidity for 24 months and read in temporary wording for section 10(5) until remedial legislation comes into force.

SAFlii has listed this judgment: Golden Core Trade and Invest (Pty) Ltd v Merafong City Local Municipality and Another (CCT 296/23) [2025] ZACC 27; 2026 (2) BCLR 73 (CC) (15 December 2025).

The Labour Appeal Court considered an appeal about the fairness of the dismissal of three crèche attendants at Emnotweni Casino after a retrenchment process. The court upheld the appeal in part and substituted the Labour Court order, finding the dismissals of two employees substantively and procedurally fair and Ms Nonhlanhla Mavuso’s dismissal only procedurally unfair. The court ordered compensation for Ms Mavuso equal to three months’ remuneration.

SAFlii has listed this judgment: Socialist Agenda of Dispossessed Africans v Minister of Cooperative Governance and Traditional Affairs (CCT 279/23) [2025] ZACC 26; 2026 (1) BCLR 13 (CC) (20 November 2025).

The Labour Court considered a review application about an arbitration award that had found the dismissal of a municipal employee to be substantively and procedurally unfair. The court said some of the arbitrator's procedural findings were based on a mistaken approach, but it upheld the award because one procedural finding and the sanction outcome could still stand on the evidence. The application was dismissed.

SAFlii has listed this judgment: Department of Home Affairs (Limpopo) v General Public Service Sector Bargaining Council and Others (JR1576/14) [2015] ZALC 2 (4 June 2015).

The Labour Court dealt with a review of a CCMA arbitration award concerning the dismissal of an employee for theft and disobeying a direct order. The court granted condonation for the late answering affidavit, dismissed the review, and ordered the applicant to pay the third respondent's costs on a party and party scale, excluding costs for the condonation application.

The Labour Court dealt with a dispute brought by SABAWO on behalf of 138 members who had been dismissed after participating in strike action. The court noted that a prior order had declared the strike unprotected, and it went on to consider only whether the dismissals were procedurally fair. The court found that notice of the disciplinary hearings was properly served on the union and held that the dismissals were procedurally fair.

The Labour Court dealt with claims by the South African Equity Workers Association and individual applicants against Titancor Sixteen (Pty) Ltd. It granted an amendment to the pleadings, then found that the dismissals of the second to the ninth applicants were invalid and null and void, and that certain underpayments under Sectoral Determination No 9 had to be paid with interest.

The Labour Court dealt with an application to dismiss a review and to make an arbitration award an order of court. The judgment records extensive delays in the prosecution of the review and ultimately grants the Rule 11 application and makes the award an order of court.

The Labour Court heard an urgent application by IMATU and SAMWU about a proposed transfer of primary health care employees from municipalities in the Eastern Cape to the provincial government. The court dismissed the application, finding that the matter was not urgent. It also noted its view that the applicants had other satisfactory remedies and made no order as to costs.

The Labour Court dealt with a review of an arbitration award about the dismissal of an employee who had worked on Saturdays for several years. The court found that the arbitrator had not properly considered the evidence and the probabilities, and set the award aside. It ordered that the dismissal was substantively and procedurally fair.

The Labour Court considered an application to review and set aside an arbitration award in a dismissal dispute. It found that neither party had led evidence before the commissioner, and that the award could not stand.

The Labour Court considered an application for leave to appeal against its earlier judgment and order of 11 February 2010. The court discussed whether the second respondent was functus officio when it issued a further ruling on 26 February 2007, and whether another court might reach a different conclusion on that issue.

The Labour Court reviewed and set aside an arbitration award in a matter concerning an alleged dismissal and the interpretation of clause 13(1)(ac) of a bargaining council collective agreement. The court recorded that the employee had been absent after being arrested, and that the arbitrator had focused on whether she was out on bail rather than on the agreement and related evidence.

The Labour Court considered an application to review and set aside a ruling that had dismissed the applicant’s rescission application after he did not attend conciliation proceedings. The court noted competing explanations about notice of the conciliation date and found that the second respondent had considered the material before him. The application was dismissed and there was no order as to costs.