LEGAL INFO

South African Human Rights Commission v Agro Data CC and Another (CCT 264/24) [2026] ZACC 16 (22 April 2026)
CONSTITUTION - Human Rights Commission - Status of directives - SAHRC investigated complaint of restricted water access by farm occupiers - Issued directives requiring restoration of supply and engagement - Respondents failed to comply - Court held section 184(2)(b) empowers SAHRC to facilitate redress but not impose binding obligations - Mandate is cooperative and non adjudicative, distinct from Public Protector’s remedial powers - Directives have persuasive force but no enforceable legal status absent court confirmation - Appeal dismissed - Constitution, s 184(2)(b).

Absa Bank Ltd and Another v Commissioner for the South African Revenue Service (CCT 72/24) [2026] ZACC 15 (22 April 2026)
TAX - General anti avoidance rule - Knowledge of arrangement - Bank and subsidiary invested in preference share scheme yielding tax exempt dividends - SARS invoked GAAR, recharacterising dividends as taxable interest - Taxpayer contended it lacked knowledge of downstream steps and obtained no tax benefit - Court held GAAR applies to composite schemes irrespective of subjective knowledge - Participation requires objective involvement in causal chain, not omniscience - Tax benefit assessed by substance over form, arrangement lacked commercial substance - Assessments upheld - Income Tax Act 58 of 1962, ss 80A to 80L.

Mokoele v S (776/2018) [2026] ZASCA 57 (22 April 2026) Appeal - against refusal by high court of petition for leave to appeal against convictions by regional court - State applying for postponement of appeal - insufficient explanation for State’s failure to file practice note and heads of argument - postponement refused - whether appellant’s application for condonation for late filing of the record and notices ought to be granted and appeal reinstated - whether appeal to full bench has reasonable prospects of success - whether another court could reasonably find that State failed to prove the guilt of the appellant beyond a reasonable doubt.

Banda v General Public Service Sector Bargaining Council and Others (A2025/092122) [2026] ZALCJHB 124 (15 April 2026)
LABOUR - Unfair labour practice - Compensation - Chief of Staff suspended on full pay for eight months due to misinterpretation of SMS Handbook - Six months found unlawful and punitive - Arbitrator uplifted suspension but refused compensation, conflating solatium with patrimonial loss - Labour Appeal Court held refusal unreasonable, compensation serves as redress for infringement itself - One month’s salary awarded as just and equitable - Appeal upheld with costs - Labour Relations Act 66 of 1995, s 194(4).

G4S Cash Solutions (Pty) Ltd v NUMSA obo Mosinyane and Others (JR2282/22) [2026] ZALCJHB 117 (15 April 2026) Bargaining council arbitration proceedings - review of proceedings, decisions and award of arbitrator - s 145 / 158(1)(g) of LRA 1995 - review test considered - entails determination of conduct of arbitrator, gross irregularities and unreasonable outcome - award by arbitrator constituting unreasonable outcome in terms of review test
Dismissal - reason for dismissal of employees considered - arbitrator must decide fairness of dismissal based on reason for dismissed provided by employer at time of dismissal - employer may not prove different case at arbitration - arbitrator’s decision that applicant sought to prove different reason for dismissal at arbitration materially in error and unsubstantiated by evidence - real reason for dismissal to be determined remained same throughout
Arbitration - constitutes hearing de novo - principles considered - employer entitled to present evidence in arbitration not presented in disciplinary hearing - proviso is that reason for dismissal remains same - further evidence by applicant in arbitration relates to same reason for dismissal - approach by arbitrator seeking to exclude such evidence misconceived and unreasonable
Dismissal - formulation of charges - principles applicable to formulation of charges internally by employer considered - does not require precision - only required for employees to understand charges and those charges being dealt with in disciplinary hearing - arbitrator failing to appreciate this principle thereby misconstruing charges
Dismissal - gross negligence - principles considered - conduct of employees constituting gross negligence - arbitrator failing to have proper regard to serious nature of misconduct - arbitrator negating and misconstruing essential facts relating to misconduct - finding of substantive unfairness reviewable
Dismissal - inconsistency - principles and evidence considered - arbitrator misconstruing principles relating to inconsistency - arbitrator failing to apply proper evidence relating to inconsistency - no proper factual basis for like for like comparison being established by employees - inconsistency finding constitutes material failure by arbitrator - award on inconsistency unreasonable and reviewable
Dismissal - procedural unfairness - principles and evidence considered - no evidence to substantiate case of procedural unfairness - no prejudice on the part of employees proven - employees fully participating in disciplinary process without objection - finding of arbitrator relating to procedural unfairness unreasonable and reviewable
Review of award - conclusion of arbitrator unreasonable and irregular - arbitration award reviewed and set aside

Links v South African Police Services (C173/2024) [2026] ZALCCT 71 (16 April 2026) LABOUR - Discrimination - Pay differentials - Employee alleged unfair discrimination by SAPS for earning less than comparators despite performing same work - Claimed arbitrary ground of “exploitation” under section 6 - Court held exploitation not an attribute or characteristic of applicant but description of employer’s conduct - Not analogous to listed grounds and incapable of impairing dignity - No valid ground of discrimination pleaded, case legally deficient - Absolution from the instance granted - Employment Equity Act 55 of 1998, s 6(1).

Mphalwa v Public Health and Social Development Sectoral Bargaining Council and Others (C457/2023) [2026] ZALCCT 69 (15 April 2026)
LABOUR - Arbitration - Authenticity of documents - Employee dismissed for misconduct including absenteeism, insubordination and abusive communications - Arbitration found dismissal procedurally and substantively fair - Labour Court review challenged handling of disputed documents and alleged irregularities - Court held onus to prove authenticity rests on party relying on document, arbitrator reasonably found documents fabricated - No gross irregularity or unfairness established - Arbitrator’s conclusions fell within band of reasonableness - Review application dismissed, no costs order.