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Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others (CCT) [2025] (24 March 2025)
MUNICIPALITY - Rates - Mining properties - Complaint of excessively high rates compared to residential properties High Court finding differentiation unreasonable - Order of invalidity under section 172(1)(a) - Granted with prospective effect only - High Court confined itself to fiscal interests of municipality - Principle of legality and appellants rights and substantial prejudice in having to pay unlawful rates - Order to operate retrospectively - Local Government: Municipal Property Rates Act 6 of 2004, s 8(1) - Constitution, s 172(1)(a).

Sun International Management Limited (t/a Wild Coast Sun) v Powell (DA12/2023) ZALAC (20 March 2025)
Labour Law - Dismissal - Existence of Employment Relationship - The appellant, Sun International Management Ltd, sought to review and set aside an arbitration award in favor of the first respondent, Mr. Powell, who contended that he was dismissed by Sun International. The appellant argued that Mr. Powell was not an employee but rather an independent contractor. The Commissioner found that an employment relationship existed and ordered reinstatement with back pay.
Review and Appeal - Jurisdiction of CCMA - The Labour Court upheld the Commissioners award, applying the reasonableness standard. The Labour Appeal Court held that the correct test was whether the Commissioners decision was objectively correct, not merely reasonable. On a factual assessment, the court found that Mr. Powell was not an employee but an independent contractor, as he was paid against invoices and had no employment contract or payslips.
Held - The Labour Courts decision was set aside. The CCMA lacked jurisdiction as no employment relationship existed. The appeal was upheld.

Strado Remanufacturing (Pty) Ltd v Diphoko N.O and Others] ZALAC (20 March 2025)
Labour Law - Unfair Dismissal - Insubordination The appellant, Strado Remanufacturing (Pty) Ltd, dismissed the third respondent, Andrew Matlala, for allegedly failing to comply with an instruction from the General Manager to report to the office regarding early departures from work. An arbitrator found the dismissal substantively unfair and ordered reinstatement with six months back pay. The Labour Court upheld the arbitrators ruling.
Held: The arbitrator failed to consider material evidence, including contradictions in Matlalas testimony and prior inconsistent statements made during disciplinary proceedings. The Labour Court erred in finding the arbitrators decision reasonable. The Labour Appeal Court set aside the award, finding Matlala guilty of insubordination but ruling that dismissal was not an appropriate sanction.
Order: Appeal upheld. Arbitration award set aside. Matlala reinstated with a final written warning for insubordination, but without retrospective effect. Reinstatement must be effected within 90 days, failing which the order lapses.

Van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another ZALAC 21 (17 March 2025) Labour Law - Jurisdiction of Labour Court - Section 77(3) of Basic Conditions of Employment Act - Whether claims under a settlement agreement concerning employment termination fall within Labour Court jurisdiction - Settlement agreements including independent contractor services and medical aid contributions analyzed - Labour Courts jurisdiction limited to claims directly related to employment contracts.
Labour Law - Contractual Claims - Employment vs Independent Contractor - Distinction between claims arising from employment and those from independent contractor agreements - Claims for unpaid salaries and accrued leave justiciable in Labour Court - Claims for independent contractor fees and post-employment medical aid contributions beyond Labour Court jurisdiction.
Labour Appeal - Reinstatement and Condonation - Late filing of appeal records condoned - Appeal and cross-appeal dismissed - No order as to costs.

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