Personal Injury — Road Accident Fund — Claim for past medical expenses — Plaintiff injured in motor vehicle accident — RAF contesting liability on grounds of medical scheme payments — Court finding that payments made by medical scheme do not relieve RAF of statutory obligation to compensate for past medical expenses — Claim upheld in full as expenses were reasonable and necessary.
Labour Law — Interim interdict — Urgent application for interim interdict pending review of arbitration proceedings — Applicant sought to interdict arbitration proceedings on grounds of jurisdictional objection raised during arbitration — Court held that exceptional circumstances justified the granting of the interdict to prevent potential irreparable harm and to preserve the status quo pending the outcome of the review application.
Administrative Law — Legality review — Special Investigating Unit challenging procurement decision — Gauteng Department of Health appointing Ikati Health for supply of thermometers — SIU alleging non-compliance with procurement regulations and misrepresentation — Court finding procurement process unlawful and constitutionally invalid due to multiple irregularities, including false B-BBEE representation and improper subcontracting — Contract declared void ab initio.
Insolvency Law — Winding-up proceedings — Intervening creditor withdrawing application after receiving payment — Court finding that such withdrawal is incompatible with principles of concursus creditorum — Intervenor cannot claim costs for a failed intervention that did not contribute to the winding-up order — Costs of intervening parties dismissed as they did not alter the outcome of the main application.
Appeal — Leave to appeal — Application for leave to appeal against interlocutory order — Court finding that order is not final and therefore not appealable — Plaintiffs failing to demonstrate reasonable prospects of success on appeal — Application for leave to appeal dismissed with costs.
Judicial Conduct — Complaint against judges — Complainant appealing dismissal of complaint regarding alleged judicial misconduct — Complaint based on dissatisfaction with merits of prior judgment — Judicial Conduct Committee confirming dismissal as complaint did not fall within grounds for judicial misconduct as per section 15(2)(c) of the Judicial Service Commission Act — Appeal dismissed.
Insolvency — Sequestration — Final sequestration of the Mokasule Investment Trust — Applicants challenging the High Court's order on grounds of misapplication of insolvency principles — Court finding that the High Court failed to properly consider the evidence and legal standards applicable to sequestration — Appeal upheld, High Court's order set aside, and matter remitted for reconsideration by a different judge.
Constitutional Law — Traditional Leadership — Constitutional validity of provisions of the KwaZulu-Natal Traditional Leadership and Governance Act — High Court declaring sections 21(4), 22, 23 and 24(1) unconstitutional for infringing on the rights of traditional leaders to participate in misconduct inquiries — Constitutional Court confirming the High Court's order of invalidity and emphasizing the importance of customary law rights in the governance of traditional leadership.
Labour Law — Unfair dismissal — Review of arbitration award — Employee dismissed for allegedly bringing company into disrepute during DMRE audit meeting — Commissioner finding dismissal substantively unfair and ordering retrospective reinstatement — Court assessing reasonableness of commissioner's decision — Dismissal deemed unjustified as employee acted in capacity of union representative raising legitimate health and safety concerns.
Administrative Law — Review of administrative decision — Special Investigating Unit seeking to review and set aside decision of South African Airways to conclude addendum to Dry Lease Agreement with Flyfofa Airways — SIU contending that the addendum was concluded unlawfully without proper procurement processes and National Treasury approval — Court finding that the decision was indeed unlawful due to lack of competitive process and necessary approvals, thus granting the SIU's application for review.
Criminal Procedure — Fair trial rights — Section 112(1)(b) of the Criminal Procedure Act — Inadequate questioning of unrepresented accused — Conviction and sentence for assault and contravention of Immigration Act set aside due to failure to establish all elements of the offences — Court emphasizing the duty of magistrates to ensure understanding of charges and fair treatment of unrepresented accused.
Labour Law — Union's duty of care — NUMSA failing to pursue review application on behalf of member — Member alleging dismissal was procedurally unfair — NUMSA's inaction leading to review being deemed withdrawn — Court finding NUMSA breached its mandate by not acting diligently to protect member's interests — Damages awarded for breach of mandate.