Mzalazala v Eastern Cape Department of Arts, Sports and Culture and Another

The applicant, a long‑serving employee of the Eastern Cape Department of Arts, Sports and Culture, applied for temporary incapacity leave for two extended periods in 2024 after exhausting her normal sick leave. Her applications were declined due to non‑compliance with required medical information under the applicable Public Service policy. She was repeatedly informed of the reasons for refusal, her right to elect unpaid or annual leave, and her right to lodge grievances. Ultimately, 128 days were allocated partly as annual leave and partly as unpaid leave, resulting in substantial monthly salary deductions beginning January 2025. The applicant challenged these deductions as unlawful under section 34 of the Basic Conditions of Employment Act 75 of 1997 and sought urgent interdictory relief, while simultaneously referring the substantive dispute regarding incapacity leave to the General Public Service Sector Bargaining Council.

An interim interdict was granted prohibiting further deductions from the applicant’s remuneration pending finalisation of the dispute before the General Public Service Sector Bargaining Council (and any further fora). Either party may re‑enrol the application after finalisation of the dispute. Costs were reserved.

The case illustrates the High Court’s approach to urgent interdicts in employment matters involving ongoing salary deductions and reinforces the principle of deference to specialised labour dispute resolution bodies. It highlights the court’s willingness to grant interim relief to prevent ongoing harm while avoiding encroachment on the jurisdiction of bargaining councils.