LEGAL INFO

Maleka v Boyce N.O. and Others (CCT 175/23) [2026] ZACC 7 (24 February 2026)
LABOUR – Constructive dismissal – Demotion – Unilateral change in reporting line – Resignation – No reduction in title, responsibilities, remuneration or position – Change had not taken effect and remained prospective – No evidence of hostile behaviour or oppressive conditions – Resignation driven by dissatisfaction with restructuring rather than by conditions rendered unendurable by employer conduct – Application refused – Labour Relations Act 66 of 1995, s 186(1)(e).

Baseline Civil Contractors (Pty) Ltd v The Commissioner for the South African Revenue Service (893/2024) [2026] ZASCA 20 (24 February 2026)
Tax Law – appeal against disallowance of objection to additional income tax assessment in terms of the Income Tax Act 58 of 1962 and Tax Administration Act 28 of 2011 – Taxpayer pleading a new ground of appeal in the statement filed in terms of rule 32 of the Tax Court Rules (rule 32 statement) – whether on the correct interpretation of Tax Court Rule 32(3) the new ground of appeal in the rule 32 statement is permissible – appeal dismissed.

Hlangana v South African Local Bargaining Council and Others (C279/2024) [2026] ZALCCT 28 (20 February 2026)
Dismissal – Dishonesty in interview – Answered no to departmental misconduct conviction – Failed to answer truthfully – Disclosure would have disqualified consideration for position – Trust and integrity were essential to role – Prior misconduct reinforced seriousness of omission – Employee obtained a position he would not have been eligible for – Deception directly affected legitimacy of appointment – Severity of sanction not disproportionate – Application dismissed.

Africa Agriculture and Trade Investment Fund v Vienings (74/2024) [2026] ZASCA 19 (24 February 2026)
COMPANY – Business rescue practitioner – Personal liability – Failed rescue attempt – Reckless or negligent conduct – Whether decisions taken during rescue process reflected unacceptable risk-taking – Continued engagement and positive assessments supported view that rescue effort retained prospects at such time – Did not amount to grossly unreasonable or untenable conduct required to impose personal liability – Appeal dismissed – Companies Act 61 of 1973, s 424(1) – Companies Act 71 of 2008, s 140(3)(c)(ii).

Neumann v Western Cape Education Department (2026/016508) [2026] ZALCCT 32 (20 February 2026)
Labour law - Section 18 of Superior Courts Act - Execution of judgment pending appeal – Requirements - Exceptional circumstances; irreparable harm to applicant; absence of irreparable harm to respondent.
Practice - Urgency – s 18 applications - Separate urgency enquiry unnecessary unless applicant delays unreasonably - Section 18(1) & (3) - Exceptional circumstances must be established - Enquiry is fact-specific and not rigidly compartmentalised - Irreparable harm requirement intertwined with exceptional circumstances.
Labour law - Reinstatement order - Delay caused by employer's appeal - Exceptional circumstances - Onus on applicant to plead and prove exceptional circumstances – Applicant failed to discharge onus - Application dismissed.