Cases listed under subject matter



Appeals



Please click on selected case to view it

Ethekwini Municipality v SAMWU (442/11) [2013] ZASCA 135 (27 September 2013)

The SCA will not interfere with a decision of the LAC only because it considers it to be wrong: what is required in addition are special circumstances that take it out of the ordinary.

IMATU & SAMWU v SALGBC, Ethekwini Municipality, A J Rycroft N.O (D513/06) [2010] LC 38 (5/2/2010)

The test of whether to grant leave to appeal is whether there is a reasonable possibility that another court may come to a different conclusion.

NUMSA and Others v Hendor Mining Supplies a Division of Marschalk Beleggings (Pty) Ltd (JS 794/03) [2013] ZALCJHB 293 (5 November 2013)

A Labour Court order is suspended pending an appeal to a higher court, and prescription of the judgment debt is interrupted until the appeal is decided.

Solidarity v Department of Correctional Services and Others (C368/12, C986/12,) [2014] ZALCCT 4 (6 February 2014)

The effect of a court judgment is suspended pending appeal. But the High Court rules give the court discretion to direct otherwise.

Sun International (Pty) Ltd t/a Table Bay v CCMA (C 636/2012) [2013] ZALCCT 46 (12 January 2013)

A default judgement is not a final judgment and therefore cannot be appealed. If a party chooses not to oppose review proceedings, it cannot thereafter apply for leave to appeal.

Toyota SA Motors (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CCT 228/14) [2015] ZACC 557 (15 December 2015)

Applications for leave to appeal should be dismissed on the basis of excessive delays in bringing the proceedings, aside from any other considerations.