Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Public interest law gathering to tackle land justice, migration and threats to human rights

October 25, 2026

The reinstatement of Lulama Oliphant: What a government spokesperson really is

October 24, 2026

Sebokeng grandmother secures title deed after years of dispute with brother-in-law

October 24, 2026
Facebook X (Twitter) Instagram
Trending
  • Public interest law gathering to tackle land justice, migration and threats to human rights
  • The reinstatement of Lulama Oliphant: What a government spokesperson really is
  • Sebokeng grandmother secures title deed after years of dispute with brother-in-law
  • The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister
  • Carrim’s battle, Sibiya’s bail refusal and alleged staged kidnapping headline lower court cases
  • Gauteng department and MEC ordered to honour R68.3m housing settlement
  • Judge clears man who pleaded guilty to buying suspected stolen Huawei phone
  • SARU HR manager’s feud with boss escalated from grievance to dismissal
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » This is why courts archive cases, says judge in slamming state for delays in nine-year labour dispute
Labour Law

This is why courts archive cases, says judge in slamming state for delays in nine-year labour dispute

Labour Court re-archives delayed case, slamming the state for years of inaction and failed settlement claims
Kennedy MudzuliBy Kennedy MudzuliJuly 4, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • Labour Court criticises the Office of the Premier and Department of Transport & Public Works for excessive delays in a nine-year-old labour dispute. 
  • The case, originally launched in 2016, is re-archived due to departmental inaction and a lack of clarity around alleged settlement. 
  • Government must now pay attorney-client costs, sending a strong message about accountability and case management in the public sector. 

A labour dispute involving two provincial employees and the Western Cape government has ended not with justice served, but with the court’s patience exhausted.  

On 3 July 2025, the Cape Town Labour Court re-archived the case, effectively shelving it, after finding the state departments responsible had delayed the matter for nearly a decade. 

The case was brought by NEHAWU on behalf of two employees, Mncendisi Michael Nobala and Mthethunzima Alfred Thunzi, following a 2016 arbitration award in their favour. Despite a review application filed by the state in 2019, little progress was made. 

What followed was a litany of postponements, unanswered correspondence, and confusion over whether a settlement had in fact been reached in July 2022. But Judge AC Oosthuizen was not persuaded, finding the government's explanation for the delays vague, inconsistent, and ultimately unjustifiable. 

Settlement that wasn’t and years of silence 

The state’s claim that the matter had been settled during negotiations in July 2022 fell flat. The judge noted that even after these supposed discussions, a letter from the State Attorney dated 2 August 2022 made a fresh counter-offer, something that would be illogical if settlement had been finalised a month earlier. 

In addition, a joint minute between the parties filed in July 2022 confirmed that negotiations were still ongoing, with no final agreement in place. 

Meanwhile, NEHAWU sent repeated follow-ups and requested roundtable meetings, letters that were either ignored or met with silence. When NEHAWU eventually rejected the state’s offer in December 2022, it marked the first time the union had formally stated that no deal had been reached. The court found that the departments failed to act on multiple invitations to proceed, allowing the case to drift aimlessly for months at a time. 

Court: This is exactly why we archive cases 

Judge Oosthuizen held nothing back in criticising the state's conduct, saying the case illustrated the exact problem clause 16 of the Labour Court Practice Manual was designed to prevent: letting cases gather dust due to poor case management and lack of urgency. 

The judge pointed out that while the Practice Manual encourages flexibility, it cannot be used as a loophole to avoid due diligence. Public sector litigation, especially under the Labour Relations Act, must be resolved “as expeditiously as possible,” the judge emphasised. 

The final blow was a harsh costs order against the state, which must pay attorney-and-client costs for the union’s trouble, a higher scale than usual, reflecting the court’s “displeasure at the extent of the delays.” 

#Conviction      

Get your news on the go. Click here to follow the Conviction WhatsApp channel. 

case delay Employment Equity Amendment Act Labour Court public service state accountability
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

SARU HR manager’s feud with boss escalated from grievance to dismissal

October 23, 2026

Former coal miner qualifies for compensation for work-related back disease

October 22, 2026

Sales representative awarded eight months’ salary after sham retrenchment

October 22, 2026
Leave A Reply Cancel Reply

Prove your humanity: 1   +   7   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Special Reports
5 Mins Read

Public interest law gathering to tackle land justice, migration and threats to human rights

By Kennedy MudzuliOctober 25, 20265 Mins Read

The Public Interest Law Gathering 2026 will bring lawyers, activists and academics together at Wits to discuss constitutional rights, land justice, migration and the cost of defending human rights.

The reinstatement of Lulama Oliphant: What a government spokesperson really is

October 24, 2026

Sebokeng grandmother secures title deed after years of dispute with brother-in-law

October 24, 2026

The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister

October 23, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

LPC warns against unregulated legal services, clarifies legal consultant ruling

October 17, 2026

The R400,000 award for ‘white trash’ and ‘dumb people’ insults that cost a woman her home

October 21, 2026

FNB customer demands R15,100 refund after fraudsters drain account using stolen phone

October 17, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by