Judicial Conduct — Complaint against Judge — Appeal against dismissal of complaint regarding alleged discourtesy and improper handling of application — Complainant's allegations found to lack substance and relate solely to merits of judgment — Appeal dismissed as the complaint did not meet the criteria for misconduct under section 15(2) of the Judicial Service Commission Act.
Labour Law — Strike action — Interdict — Msunduzi Municipality seeking interdict against South African Municipal Workers Union for alleged unlawful strike — Court finding that the strike was protected and not granting interdict — Costs issue remaining for determination — Court ordering each party to pay its own costs due to partial success and lack of unreasonable conduct by SAMWU.
Criminal Procedure — Plea of guilty — Conviction and sentence set aside due to irregularities in plea proceedings — Accused not adequately questioned on elements of the offence — Court emphasizing the necessity for thorough inquiry to ensure fair trial rights are upheld — Matter remitted for fresh plea and consideration of time served if re-convicted.
Contempt of court — Maintenance obligations — Respondent found in contempt for failing to comply with maintenance orders for minor children — Deliberate non-compliance established, accentuated by mala fides — Respondent sentenced to 60 days imprisonment, suspended for two years on condition of compliance with maintenance order — Best interests of the children paramount.
Companies — Directors' liability — Reckless trading — Plaintiff seeking to hold directors personally liable for debts of company in liquidation — First defendant found to have contravened section 214(1)(c) of the Companies Act 71 of 2008, resulting in personal liability under section 218(2) — Second defendant held liable based on knowing acquiescence in reckless trading — Both defendants jointly and severally liable for R2 832 601.73 plus interest.
Delict — Rail commuter injury — Plaintiff falling from a moving train through an open door — Allegation of negligence against Passenger Rail Agency of South Africa (PRASA) for allowing train to operate with open doors — Court finding probabilities favouring plaintiff’s version — PRASA held liable for proven damages resulting from the incident.
Contempt of court — Rule 43 order — Respondent failing to comply with court order for interim maintenance — Respondent's explanation for non-compliance deemed far-fetched and untenable — Court finding contempt established on the papers — Respondent held in contempt and sanctioned to periodic imprisonment, suspended on compliance with conditions aimed at enforcement of the Rule 43 order — Attorney and own client costs awarded against the respondent.
Companies — Annual General Meeting — Extension of time to convene AGM — Applicant seeking extension under section 61(7)(b) of the Companies Act 71 of 2008 — Previous extension granted until 27 September 2026 — Delay due to auditors not finalising audit report — Tribunal satisfied that applicant showed good cause for further extension until 25 November 2026 — Application granted.
Labour Law — Dismissal — Substantive and procedural fairness — Third Respondent dismissed for negligence leading to fatality — Court finding that Third Respondent breached safety standards by not ensuring qualified personnel handled the situation — Dismissal deemed substantively fair as Third Respondent's actions constituted a serious offence — Procedural fairness upheld as the disciplinary process was consistent with company policies.
Unlawful Arrest and Detention — Malicious Prosecution — Plaintiff suing for damages after being unlawfully arrested and detained for over 17 years — Defendants failing to defend against claims — Court granting default judgment in favor of the plaintiff for unlawful arrest and detention, but denying malicious prosecution due to lack of evidence on malice and instigation of prosecution.
Criminal Procedure — Unlawful arrest and detention — Appeal against dismissal of claim for unlawful arrest — Appellants alleging lack of reasonable suspicion for arrest under section 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Court finding that the arresting officer had reasonable suspicion based on evidence collected during investigation — Appeal dismissed with costs.
Labour Law — Unfair dismissal — Appellant dismissed for alleged misconduct involving assault on manager — CCMA finding dismissal substantively and procedurally fair — Labour Court dismissing review application — Appeal against dismissal of review application — Court finding that the Commissioner properly considered evidence and made credibility findings — Appeal dismissed.