The High Court upholds applicability of in duplum rule to protect overwhelmed debtors

Section 11(5) of the Mine Health and Safety Act (MHSA) obliges every employer in the mining industry to investigate all reportable accidents and identify the underlying causes of the accident. Often, the employer engages third-party experts to conduct the
investigations through the employer’s legal representatives in order to claim legal privilege over these reports. This raises the question whether a presiding officer can compel the employer to disclose a report during a mine health and safety inquiry.

On Monday 6 October 2025, Professor Halton Cheadle of Cheadle Thompson & Haysom Inc. together with Professor John Dugard, led by Ambassador Vusi Madonsela, will present South Africa’s case to the International Court of Justice (ICJ) on the request for an advisory opinion on the Right to Strike under International Labour Organisation (ILO) Convention No. 87.

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.

On 13 February 2025, the Labour Appeal Court handed down judgment in Director-General: Department of Forestry, Fisheries and the Environment v The Sheriff, Pretoria North-East. The judgment concerned whether a security bond furnished by the Department of Forestry, Fisheries and the Environment complied with section 145(7) of the Labour Relations Act. Section 145(7) permits a review applicant to furnish security to suspend the operation of an arbitration award pending the outcome of the application.