In the recent judgment of Chibane and Another v Premier of Province of Kwazulu-Natal (DA15/2024) [2025] ZALAC 44, which was delivered on 15 July 2025, the court held that the Labour Court does not have inherent (general) jurisdiction to intervene and restrain any alleged illegalities, irregularities or unfairness in incomplete disciplinary proceedings. Its jurisdiction must be found in legislation, as it is, after all, a creature of statute.

This matter involved two senior provincial government employees who sought the intervention of the Labour Court to “quash” charges of misconduct and halt all disciplinary action brought against them, arguing that an unreasonable delay in the employer prosecuting the alleged waiver to discipline them had resulted in a ‘bar’ to the disciplinary proceedings.

The court dismissed the appeal, upheld continuation of the disciplinary proceedings, and provided important guidance on the jurisdiction of the Labour Court in the context of intervening in incomplete disciplinary hearings.