Application of vicarious liability in a shop steward and trade union relationship

The Labour Appeal Court, in Mondi South Africa v CEPPWAWU (DA25/24) [2026] ZALAC 20 (6 May 2026), upheld the reinstatement of employees dismissed for carrying weapons during a protected strike, finding that the arbitrator’s decision to impose a sanction less than dismissal fell within the range of reasonable decisions under the circumstances.

The Labour Court, in Southern African Clothing and Textile Workers’ Union v Alpha Pharm (Pty) Ltd, considered whether black employees who perform similar work to their white counterparts, but earn significantly less, were unfairly discriminated against on the basis of race. The case focused on whether differences in job titles and historical employment arrangements justify pay disparities. CTH acted for the trade union and its members.

On 23 January 2026, the Constitutional Court handed down judgment in Director of Public Prosecutions, Johannesburg v Schutlz; Director of Public Prosecutions, Bloemfontein v Cholota. The constitutional question which seized the Court was whether the power to authorise outgoing extradition requests lies with the National Prosecuting Authority (NPA) or the National Executive.

On 28 November 2025, the Supreme Court of Appeal (SCA) handed down judgment in Mafoko Security Patrols (Pty) Ltd and Others v Mjayeli Security (Pty) Ltd and Others. The judgment clarified the nature of the remedial discretion enjoyed by the Court under section 172(1)(b) of the Constitution, and the import of the judgment of the Constitutional Court in Allpay II.