12 May 1994
Re Jetex HVAC Equipments Ltd.
- Citation
- Re Jetex HVAC Equipments Ltd.
- Court
- Court of First Instance
- Case number
- HCMP253/1994
The court held that s17(1) requires that prosecutions must be in the name of the Commissioner for Labour to obviate the need for the Commissioner's written consent; where the prosecution is not in that name, the written consent is mandatory and its absence renders the proceedings a nullity. Consequently the magistrate's amendment substituting the Commissioner for Labour for Her Majesty was unlawful and outside the amendment powers under s27.