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Labour Court rules against `just following orders` defence in South Africa
Dishonesty, even when instructed, breaches the trust at the heart of the employment relationship and can justify a dismissal, according to Amandla Makhongwana, senior associate at Bowmans.Makhongwana says the Labour Courtâs judgment in Mbuyane v Dekker NO and Others (JR1173/2020) [2025] ZALCJHB 224 serves as a poignant reminder that integrity is not negotiable, even under pressure from management.Banele Innocent Mbuyane, a former treasury custodian at Standard Bank, shared operational duties with his supervisor, Ms Nkosi. According to Amandla Makhongwana, senior associate at Bowmans: âIn carrying out this function, Mbuyane and Nkosi were responsible for receiving cash from a security company, SBV. If the amount received was incorrect, they had to return the cash to SBV and prepare balance sheets that correctly corresponded with the amounts received from SBV.âIn October 2019, Mbuyane discovered a shortfall in a coinage bag and alerted Nkosi. Despite agreeing to return the bag, âNkosi instructed him to record the full amount that was originally ordered instead of the actual amount received,â says Makhongwana. Mbuyane complied, and the falsified balance was submitted, misrepresenting the bankâs actual cash position.A surprise inspection by the risk mitigation team at Standard Bank uncovered the discrepancy, along with two other shortfalls. Both Mbuyane and Nkosi were dismissed. Mbuyane challenged his dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA), maintaining that he had simply followed a superiorâs instruction.âThe arbitrator found that Mbuyaneâs conduct amounted to serious misconduct despite acting on his supervisorâs instruction,â says Makhongwana.Mbuyaneâs failure to escalate the misrepresentation to higher management was seen as a critical breach of trust. Moreover, the CCMA rejected the notion of an accepted informal practice of overlooking shortfalls. As Makhongwana puts it, âNo practice could override the bankâs formal policies and ethical standards.âSeeking a remedy, Mbuyane approached the Labour Court to review the arbitration award. The Court upheld the findings of dishonesty, holding that âcompliance with an unlawful instruction does not excuse misconduct.â It was found that Mbuyane deliberately submitted inaccurate records over two days and had a duty to act lawfully, regardless of who issued the directive, says Makhongwana.Defences based on insufficient training did not hold water. âTestimony by the branch manager confirmed that no specific training was available for treasury custodians and that expectations were clear for a person in Mbuyaneâs position,â says Makhongwana. Even if an informal practice of retaining short coin bags existed, it was unauthorised and irrelevant to the charge of misrepresentation.The argument that Mbuyane lacked fraudulent intent was dismissed as immaterial. The case rested on dishonesty, not fraud, and the Court held that the decision to dismiss was fair, even if another arbitrator might have considered a lesser sanction.Ultimately, the Labour Court dismissed the review, reinforcing the legal principle that instructions from superiors do not absolve employees from wrongdoing. The judgment reasserts the critical role of ethical conduct in maintaining institutional credibility.`Employers are encouraged to put in place organisational policies that include transparent procedures that empower employees to report unethical and/ or unlawful conduct by supervisors,` says Makhongwana.
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Critical Skills Visa
One of the highlighted topics: Critical Skills Visa.
- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.
Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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26. Aug. 2025 News 24More than 380k South Africans blocked from IDs lawyers challenge home affairs
One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.
-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.
Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.
In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.
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25. Aug. 2025 SA MigrationAirport Immigration Alert
The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6128
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25. Aug. 2025 SA MigrationAirport Immigration Alert
The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6129
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25. Aug. 2025 CNNA New Zealand mother and her 6-year-old son released from US immigration custody after being detained for weeks
A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.
Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.
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25. Aug. 2025 Biz CommunityHigh Court upholds corporate visa refusal: Implications for businesses
On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.
Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.
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25. Aug. 2025 businessinsiderUS faces 9.4bn dollars tourism loss from new 250dollars visa fee targeting African countries
The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United Statesâ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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21. Aug. 2025 SA MigrationAirport Immigration Alert
The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6127
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20. Aug. 2025 SA MigrationARRESTED & UNDOCUMENTED: WHAT ARE YOUR OPTIONS?
1. Right to Legal Representationâ¢You have the right to consult with a legal representative.â¢Contact an immigration practitioner, legal aid clinic, or attorney urgently.â¢Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Actâ¢You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you â¢If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.â¢BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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20. Aug. 2025 SA MigrationE-Hailing & Scooter Drivers in South Africa â` Why Being LEGAL is CRUCIAL!
Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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20. Aug. 2025 SA MigrationE-Hailing & Scooter Drivers in South Africa - Why Being LEGAL is CRUCIAL!
Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6123
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13. Aug. 2025 Daily MaverickFamily houses` don`t exist in law and it is creating chaos among families
The single most common problem brought to the Orange Farm Advice Centre is disputes over `family houses`. Legally, there is no such thing as a family house, yet it has a very real existence. In South Africa, there are two ways of dying. With or without a will. A will gives instructions on distributing your worldly possessions. Dying without a will, or intestate, means your possessions are inherited by relatives in line with the Intestate Succession Act. V.6119
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13. Aug. 2025 Home AffairsHome Affairs launches phase two of Trusted Tour Operator Scheme (TTOS)
After attracting over 25 000 tourists in six months, Home Affairs launches phase two of Trusted Tour Operator Scheme (TTOS) to further boost tourism job creation The Minister of Home Affairs, Dr Leon Schreiber, can today announce the launch of phase two of the Trusted Tour Operator Scheme (TTOS), which adds another 45 vetted and approved tour operators to the existing 65 operators that have participated in the programme since its launch in February 2025. V.6120
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12. Aug. 2025 The South AfricanSA couple beg Australia for protection visa over `death sentence` return
A white South African couple living in Sydney seeking a protection visa are begging the Australian government not to deport them over their fear of `persecution`.They`ve even gone as far as to call returning home a `death sentence`.Their pleas come as many white South Africans, and those of racial minorities, have been invited to apply for the refugee resettlement programme in the US, under President Donald Trump`s Executive Order. V.6118
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11. Aug. 2025 SA MigrationLabour Court rules against `just following orders` defence in South Africa
Dishonesty, even when instructed, breaches the trust at the heart of the employment relationship and can justify a dismissal, according to Amandla Makhongwana, senior associate at Bowmans.Makhongwana says the Labour Courtâs judgment in Mbuyane v Dekker NO and Others (JR1173/2020) [2025] ZALCJHB 224 serves as a poignant reminder that integrity is not negotiable, even under pressure from management.Banele Innocent Mbuyane, a former treasury custodian at Standard Bank, shared operational duties with his supervisor, Ms Nkosi. According to Amandla Makhongwana, senior associate at Bowmans: âIn carrying out this function, Mbuyane and Nkosi were responsible for receiving cash from a security company, SBV. If the amount received was incorrect, they had to return the cash to SBV and prepare balance sheets that correctly corresponded with the amounts received from SBV.â V.6114
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11. Aug. 2025 SA MigrationLabour Court rules against `just following orders` defence in South Africa
Dishonesty, even when instructed, breaches the trust at the heart of the employment relationship and can justify a dismissal, according to Amandla Makhongwana, senior associate at Bowmans.Makhongwana says the Labour Courtâs judgment in Mbuyane v Dekker NO and Others (JR1173/2020) [2025] ZALCJHB 224 serves as a poignant reminder that integrity is not negotiable, even under pressure from management.Banele Innocent Mbuyane, a former treasury custodian at Standard Bank, shared operational duties with his supervisor, Ms Nkosi. According to Amandla Makhongwana, senior associate at Bowmans: âIn carrying out this function, Mbuyane and Nkosi were responsible for receiving cash from a security company, SBV. If the amount received was incorrect, they had to return the cash to SBV and prepare balance sheets that correctly corresponded with the amounts received from SBV.â V.6115
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08. Aug. 2025 SA MigrationLabour Court rules against `just following orders` defence in South Africa
Dishonesty, even when instructed, breaches the trust at the heart of the employment relationship and can justify a dismissal, according to Amandla Makhongwana, senior associate at Bowmans.Makhongwana says the Labour Courtâs judgment in Mbuyane v Dekker NO and Others (JR1173/2020) [2025] ZALCJHB 224 serves as a poignant reminder that integrity is not negotiable, even under pressure from management.Banele Innocent Mbuyane, a former treasury custodian at Standard Bank, shared operational duties with his supervisor, Ms Nkosi. According to Amandla Makhongwana, senior associate at Bowmans: âIn carrying out this function, Mbuyane and Nkosi were responsible for receiving cash from a security company, SBV. If the amount received was incorrect, they had to return the cash to SBV and prepare balance sheets that correctly corresponded with the amounts received from SBV.â V.6109
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08. Aug. 2025 SA MigrationARRESTED & UNDOCUMENTED: WHAT ARE YOUR OPTIONS?
1. Right to Legal Representationâ¢You have the right to consult with a legal representative.â¢Contact an immigration practitioner, legal aid clinic, or attorney urgently.â¢Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Actâ¢You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you â¢If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.â¢BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6110
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08. Aug. 2025 SA MigrationHome Affairs `New Broom` Operation - They`re Everywhere!
Roadblocks. Workplace Raids. Random Checks.Home Affairs is cracking down hard on undocumented foreigners - no one is invisible anymore.If You`re Not Legal in South Africa, You Risk: - Arrest & detention - Deportation - Losing your job or business - Being banned from re-entry V.6111
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08. Aug. 2025 SA MigrationFraudulent identity leads to deportation of businessman
A businessman claiming Palestinian roots has left the country after failing to force the Department of Home Affairs to allow him to legalise his status in South Africa. A businessman has left South Africa after failing to stop the Department of Home Affairsâ bid to deport him when he was found to be using a fraudulent name. V.6112
