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Labour Court of South Africa, Cape Town

The Labour Court has the same status as a high court. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court. 

Physical address
Twinell House, 1st Floor, 113 Loop Street, Cape Town, 8001
Visit website
https://www.justice.gov.za/labourcourt/
1 judgment
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April 2023
Trackman N.N.O. and Another v Bronx Mining and Investments Proprietary Limited N.N.O. and Others; In Re: Bronx Mining and Investments Proprietary Limited v Khumbula Property Services Proprietary Limited and Others (2020/10122) [2023] ZALCCT 1 (5 April 2023)
Liquidation trumps unauthorised business rescue appeals: director becomes functus officio and unprosecuted leave applications do not suspend winding‑up.
* Company law – business rescue (s 131 & s 132 Companies Act) – requirements to trigger suspension of liquidation; service on affected persons and expeditious conduct of business rescue proceedings. * Company law – liquidation – director becomes functus officio on winding‑up; only liquidator may prosecute or withdraw company litigation. * Civil procedure – Superior Courts Act s 18(1)/(3) – declaration that an order is not suspended pending leave to appeal; exceptional circumstances and irreparable harm. * Abuse of process – unprosecuted/unauthorised appeals used to delay liquidation and prejudice creditors.
 5 April 2023