Capacity: Attorney
Gender: Female
Ethnicity: Black
Date of Birth: August 1978
Qualifications: LLB (2001) (Fort Hare University), LLM (International Trade Law) (2002) (Stellenbosch University)
Key Judgments:
- Payne v Department of Transport Public Works (Western Cape Provincial Government) and Others (C22/2024) [2024] ZALCCT 32 (24 July 2024)
- Mugavazi v South African Airways Technical SOC Ltd [2024] JOL 65350 (LC)
Candidate Bio | Updated April 2025
Having been recognized by bestlawyers.com as one of the top labour attorneys in South Africa since 2019, it is safe to say Ms Tapiwa Gandidze has had a successful career up to this point.
Ms Gandidze started her legal journey as a candidate attorney at Cliffe Dekker, now Cliffe Dekker Hofmeyr. She then moved to Cheadle Thompson & Haysom where she climbed the corporate ladder between 2005 to 2022 and progressed from associate to Director. After spending a year as a director at Norton Rose Fulbright, she opened her own law firm in 2023 called Tapiwa Cecilia Gandidze Attorneys Inc. Throughout her law career the primary focus of her practice has been labour law.
Because of labour law being her primary focus, she is well-seasoned when it comes to appearing at the Labour Court. This is evidenced by the 16 reported cases from the Labour Court where she was the instructing attorney.
During her acting experience at the Labour Court in the case of Nobesuthu Sheila Mugavazi v South African Airways Technical SOC Limited, Gandidze had to determine two points in limine in respect of whether an individual employee can raise an individual unfair dismissal dispute following a s189A consultation process where the individual was one of the employees represented by her trade union. Gandidze AJ dismissed the first point in limine of lis alibi pendens on the basis that only the applicant’s alternative claim is the same cause of action as NUMSA. The individual applicant’s primary claim was made for an automatically unfair dismissal, a claim not made by NUMSA, which results in the lis alibi pendens defence being unsuccessfully invoked.
In regard to the second point in limine of locus standi, Gandidze AJ had to determine whether s 189A(7)(b) of the Labour Relations Act was applicable to the applicant as it was argued by the respondent that it only applies to a trade union or employees who are non-unionised. To determine this point, Gandidze AJ emphasized s189A(7)(b)(ii) which states that a dispute concerning whether there is a fair reason for the dismissal should be referred to the Labour Court in terms of s191(11). On this basis the answer to who can refer an unfair dismissal dispute to the Labour Court lies in s191(11) which is to be read with s191(5) that discuss such a dispute should be sent to the CCMA. With the applicant meeting these requirements, Gandidze AJ found that there was no merit in the point that the applicant does not have locus standi and dismissed this point.
Ms Gandidze places importance on making a contribution and giving back to society and has been a member of the South African Society for Labour Law (SASLAW) from 2005 until 2023. Viewed as her most significant contribution to the law and pursuit of justice in South Africa, she annually worked in their pro bono office near her birthday as a gift to herself. SASLAW has issued her with various certificates in recognition of her contribution.
Her contributions go beyond SASLAW and she is a member in several community and other organisations. These include being the chairperson at the Cape Town Rape Crisis Rape Centre, being a member of Christian churches as well as a board member for the Desmond and Lea Tutu Legacy foundation.
This will be her first interview before the JSC for a spot on the Labour Court.
April 2025 Interview
After deliberations, the JSC resolved to recommend Tapiwa Gandidze for appointment as a judge of the Labour Court in Cape Town.
