Jurisprudence

Reported Cases

A selection of notable judgments and reported cases in which Advocate Muleya has appeared, contributing to the development of South African jurisprudence.

Labour Court of South Africa
2025

Kelsey Construction (Pty) Ltd v Izaaqe De Fortier Meyer and Sheriff of the High Court, Centurion West

A reportable urgent Labour Court matter where the Court reaffirmed the strict requirements of sections 145(7) and (8) of the LRA. The judgment confirms that a review does not suspend an arbitration award unless full statutory security is furnished, and that employers cannot rely on partial security, unaudited financial assertions, or delay tactics to avoid compliance. The Court emphasised the protection of employees' rights, rejected the misuse of urgency, clarified that peremption does not apply to reviews, and dismissed the employer's attempt to reduce security.

Gauteng Division of the High Court, Pretoria
22 January 2025

Rathihaya v Passenger Rail Agency of South Africa (72739/17) [2025] ZAGPPHC 53

A significant judgment concerning the liability of the Passenger Rail Agency of South Africa (PRASA) for commuter safety. The court found PRASA liable for injuries sustained by a passenger who was pushed from a moving train with open doors, emphasizing the duty of care owed to commuters to ensure doors are closed while trains are in transit.

Limpopo Division of the High Court, Polokwane
4 August 2025

Ralineba and Others v Dzivhani and Another (1005/2023) [2025] ZALMPPHC 148

A commercial law matter involving a dispute over shareholding and the administration of company affairs. The court declared the First Respondent's conduct regarding the company's administration unlawful and confirmed the validity of the Applicants' share certificates, ordering costs on an attorney and client scale.