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Timelines

Rand Refinery Limited v Sehunane: timeline

The Constitutional Court of South Africa held that the Labour Court erred in setting aside an arbitration award without properly considering the respondent's opposing affidavit. The court found that the Labour Court's decision was based on an incomplete record and that the judge was either unaware of or overlooked the existence of the opposing affidavit. The Constitutional Court granted leave to appeal, upheld the appeal, and remitted the review and rule 11 applications for hearing by the Labour Court.

Coverage through 2023-08-21 · Sources checked 2026-11-11

What this record covers

Historical case record based on the cited official account. Later developments may not be covered.

Position at the coverage date

Granted leave to appeal and upheld the appeal [s1]

Record details

Case
Rand Refinery Limited v Sehunane N.O. and Others CCT 204/2022 [s1]
Procedural Fairness
The Labour Court failed to consider Rand Refinery's opposing affidavit, violating its rights in terms of section 34(1) of the Bill of Rights. [s1]
Admissibility of Evidence
The Labour Court erred in considering hearsay evidence from Mr Mulafhi's affidavits and High Court papers. [s1]
Burden of Proof
The Labour Court must be satisfied on a balance of probabilities that an arbitration award was improperly obtained in terms of section 142(2)(b). [s1]

The sequence

4 documented milestones. Highlighted entries mark turning points. Dates retain the precision of the source.

  1. fact

    Dismissal of Mr Maseko

    Mr Maseko was dismissed from Rand Refinery.

    Evidence [s1] Link to this event

  2. fact

    Arbitration Award

    The arbitrator, Mr Sehunane, delivered an arbitration award in favour of Rand Refinery.

    Evidence [s1] Link to this event

  3. ruling · Turning point

    Labour Court Judgment

    The Labour Court set aside the arbitration award.

    Evidence [s1] Link to this event

  4. ruling · Turning point

    Constitutional Court Judgment

    The Constitutional Court granted leave to appeal and upheld the appeal.

    Evidence [s1] Link to this event

Sources & evidence

  1. [s1] Constitutional Court of South Africa

    Official case account

    Official court source · Accessed 2026-11-11

Read the case details and outcome →

Public update history

— First sourced edition. Coverage dates apply.

— Titles and explanatory text passed the copywriting and source-consistency checks. Sources and data are unchanged.