In Police and Prisons Civil Rights Union obo Khan v Minister of Police and Others (2026/201594) [2026] ZALCJHB 293 (31 August 2026), the Labour Court was asked to intervene, on an urgent basis, in a disciplinary process that had not yet been concluded. The judgment squarely addresses a question that comes before the urgent roll with some frequency: in what circumstances, and on what basis, will a court intervene in disciplinary proceedings that have not yet run their course?

At a glance

• In Police and Prisons Civil Rights Union obo Khan v Minister of Police and Others (2026/201594) [2026] ZALCJHB 293 (31 August 2026), the Labour Court was asked to intervene, on an urgent basis, in a disciplinary process that had not yet been concluded.
• The judgment confirmed that the question is no longer whether exceptional circumstances justify the Labour Court’s intervention in an unfinished disciplinary hearing, but whether the applicant can identify a specific statutory provision conferring jurisdiction over the dispute as pleaded.
• Absent such a provision, the court will not intervene, and describing a disciplinary grievance as a contractual claim will not alter that position.

The court’s answer was unequivocal. Following the Labour Appeal Court’s (LAC) decision in Cibane and Another v Premier, Province of KwaZulu-Natal and Another [2025] 46 ILJ 2587 (LAC), it held that the Labour Court has no general jurisdiction to intervene in incomplete internal disciplinary...

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