Labour Law — Unfair dismissal — Review of settlement agreement — Department of Correctional Services seeking to review a settlement agreement that reinstated employees after misconduct charges — Court finding the settlement was concluded unlawfully and set aside — Employees' unfair dismissal dispute remitted for expedited arbitration — Application for leave to appeal dismissed, but Department sought to prevent execution of the judgment pending appeal — Court ruling that the Department could not seek to lift a suspension that had not yet arisen.
Arbitration — Consent order — Interpretation of consent order regarding appointment of arbitrator — Appellant contending that court a quo misinterpreted the order by requiring a statement of claim prior to appointment — Court finding that appellant complied with the order by requesting appointment within stipulated time — Appeal upheld and order of court a quo set aside.
Employment Law — Wrongful dismissal — Protected Disclosures Act — Employee claiming wrongful dismissal after reporting audit irregularities — Claim initially based on breach of contract, later amended to claim occupational detriment under the Protected Disclosures Act — Court determining whether the amended claim constituted a different debt for prescription purposes — Finding that the nature of the debt remained the same despite the change in legal basis for the claim, thus the claim did not prescribe.
Arbitration — Review of arbitration award — Application to set aside award and make it an order of court — Applicant contending that arbitrator exceeded jurisdiction by deciding on issues not covered by pleadings — Court finding that no reasonable prospect of success on appeal established for most grounds, but granting leave to appeal on two grounds related to the approach to pleadings and absence of prejudice — Emphasis on the need for a generous approach to arbitral pleadings and the principle of party autonomy.
Execution — Road Accident Fund — Involvement of Minister of Finance and National Treasury in execution proceedings — Applicants, victims of road accidents, sought to compel Respondents to maintain funds pending execution of judgments exceeding R52 million — Court finding that the merits of the case became moot due to RAF settling claims, but applying the Biowatch principle to decline to order costs against Applicants despite their unsuccessful application against the Minister and National Treasury.
Administrative Law — Parole — Review of lifelong parole decision — Applicant sentenced to life imprisonment and placed on lifelong parole — Applicant contending that decision constitutes unfair discrimination and is irrational — Court finding that the decision was rationally connected to the information before the parole board and consistent with applicable legislation — Application for review dismissed.
Legal Practice — Admission as legal practitioner — Application for leave to appeal against refusal of admission — Applicant deemed not a fit and proper person due to deliberate non-disclosure and dishonesty in application — Court finding that applicant's conduct amounted to a lack of honesty, integrity, and trustworthiness essential for the profession — Application for leave to appeal dismissed.
Prescription — Special plea of prescription — Plaintiff claiming damages for breach of contract and duty of care against the Road Accident Fund — Defendant raising special plea of prescription based on the Road Accident Fund Act — Court finding that the claim is not regulated by the Act but by the Prescription Act — Special plea dismissed with costs.
Criminal Procedure — Sentence — Review of sentence imposed by acting magistrate — Accused sentenced to 36 months’ imprisonment, wholly suspended, and 36 months’ correctional supervision for assault with intent to do grievous bodily harm — Court confirming that correctional supervision is distinct from imprisonment and permissible under s 276(3)(a) of the CPA — Sentence of correctional supervision set aside due to exceeding penal jurisdiction of district court — Convictions confirmed.
Civil Procedure — Special plea — Jurisdiction — Defendant delivering special plea disputing jurisdiction without pleading over on merits — Court ruling that defendant barred from contesting merits due to failure to comply with procedural rules — Interests of justice not served by allowing defendant to appear personally at trial — Judgment granted in favor of plaintiff for amounts due under loan agreements.
Criminal Law — Rape — Appeal against sentence — Appellant convicted of three counts of rape of his minor daughter — Sentenced to life imprisonment — Appellant contending trial court misdirected itself in not finding substantial and compelling circumstances for deviation from minimum sentence — Court finding no misdirection as trial court properly considered the seriousness of the offence, personal circumstances of the Appellant, and interests of society — Appeal dismissed.
Leave to appeal — Application for leave to appeal against ex tempore judgment — Applicant claiming R36.6 million related to guarantee and premium disputes — Court finding inconsistencies in demand amounts and lack of proper evidence — Leave to appeal granted despite initial dismissal of claims — Costs awarded in the course.