The Labour Court weighs in on the application of the Prescription Act in disciplinary proceedings

On 16 April 2025, the Labour Court handed down judgment in Public Investment Corporation v More. The judgment concerned the application of the Prescription Act to disciplinary proceedings, and whether misconduct disciplinary charges prescribe.

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Unfair discrimination claim upheld despite differences in job titles

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.

Beyond the Text: The test for sourcing implied power

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.

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