Compulsory mediation: Towards the future of Dispute Resolution

Article written by Ayanda Motlou, Candidate Attorney, checked by Dingumuzi, Associate and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 25 June 2021 Introduction Uniform Court Rule 41A was brought into effect on the 9th of March 2020 and applies to all High Court matters in the country. This rule establishes mediation as a step
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Homo Sapiens, Negro, Ethiopian, Semite, Israelite People of South Africa and Sabina Valerie Clarisse v President of South Africa and National Treasury and South African Revenue Services 2020 1 All SA 780 (WCC)

BACKGROUND The parties in this matter were as follows: “The Homo Sapiens, Negro, Ethiopian, Semite, Israelite People of South Africa” (the “First Applicant”) who were represented by Ms. Sabina Valerie Clarisse (the “Second Applicant”); The first respondent was the President of South Africa (the “First Respondent”), and the National Treasury (the “Second Respondent”), and the
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POTGIETER v MODIKWA PLATINUM MINE AND OTHERS (J1892/2019) [2019] ZALCJHB 267 (8 October 2019)

SUMMARY In this case Potgieter (the “Applicant”) approached the Labour Court (“Court”) on an urgent basis for an order interdicting the Respondents from proceeding with disciplinary action against him, alternatively an order that the disciplinary proceedings against him be dealt with in terms of section 188(A) of the Labour Relations Act (“LRA”) The application related
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State v Moeketsi (SS117/18) [2018] ZAJHC (19 September 2019).

SUMMARY Mr Tankiso Moeketsi (the “accused”), in this criminal trial faced a charge of murder in that on or about 04 November 2017, and at or near the district of Ehkuruleni Central, he unlawfully and intentionally killed his brother (the “deceased”), by stabbing him with knives and hitting him with a spade. The accused and
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Mlenga v S (A08/2019) [2019] ZAFSHC 132 (1 August 2019)

SUMMARY This case deals with an application for leave to appeal a sentence handed down by the Welkom Regional Magistrates Court. The facts of the case are as follows:   Facts On or about 25 January 2015, the Appellant (Mr. Mlenga) and his two co-accused were relaxing outside their rented premises in Welkom. They were
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Jacoti Construction CC v PHG Group CC (6006/2017) [2019] ZAFSHC 120 (18 July 2019)

SUMMARY PHG Group CC (“the Defendant”) raised an exception to Jacoti Construction CC (“the Plaintiff’s”) Summons and Particulars of Claim based on the fact that they lacked certain averments in order to adequately sustain a cause of action.   Subsequently, the Defendant’s exception was upheld and the Plaintiff was ordered to pay costs of the
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New Nation Movement NPC and Others v President of the Republic of South Africa and Others [2019] ZACC 27

BACKGROUND AND SUMMARY This matter concerns an urgent application for direct leave to appeal to the Constitutional Court against the judgment of the High Court of South Africa, Western Cape Division, Cape Town (the “High Court”) delivered on 17 April 2019. On 17 September 2018, the Applicants approached the High Court on an urgent basis
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Standard Bank of South Africa Limited v Leslie and Others (JR2427/15) [2019] ZALCJHB 62 (27 March 2019).

SUMMARY This judgment concerns an application for leave to appeal prompted by Standard Bank of South Africa Limited(the “Applicant”), being opposed by Heiden Leslie (the “First Respondent”). On analysis of the factual matrix, the Applicant raised two grounds that the Court had failed to address when contemplating the evidence.  Firstly, that the Court had failed
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Exxarro Ferro Alloys (Pty) Ltd v Kekana and Others (JR 1293/16) [2019] ZALCJHB 19 (5 February 2019).

SUMMARY This judgment concerns an Arbitrator’s award made by Commissioner Malubane Buti at the Commission for Conciliation, Mediation and Arbitration (“CCMA”). On analysis of the factual matrix, Exxarro Ferro Alloys (Pty) Ltd(“the Employer”) dismissed Lesiba Kekana (“the Employee”) following an internal poor work performance enquiry into the Employee’s consistent poor work performance (failing to meet
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