Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27; 2021 (2) BCLR 101 (CC); [2021] 4 BLLR 325 (CC); (2021) 42 ILJ 961 (CC); 2022 (3) SA 321 (CC) (4 December 2020)

Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27; 2021 (2) BCLR 101 (CC); [2021] 4 BLLR 325 (CC); (2021) 42 ILJ 961 (CC); 2022 (3) SA 321 (CC) (4 December 2020)

The Constitutional Court held that the High Court's jurisdiction is not ousted merely because a dispute arises in the employment context. Section 157(1) of the Labour Relations Act confers exclusive jurisdiction on the Labour Court only for matters that are to be determined by the Labour Court in terms of the LRA or other law. The applicant's claims, based on breach of contract, public law, and constitutional obligations, do not rely on rights or remedies created by the LRA. The pleadings establish causes of action independent of the LRA, and the applicant expressly disavowed reliance on the LRA. The High Court erred in dismissing the application on jurisdictional grounds. The matter is...

Citation
[2020] ZACC 27
Parties
Applicant: Louisah Basani Baloyi; Respondent: Public Protector; Respondent: Busisiwe Mkhwebane; Respondent: Chief Executive Officer in the Office of the Public Protector; Respondent: Vussy Mahlangu
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
4 December 2020
Case Number
CCT 03/20
Procedural Posture
Leave to Appeal / Appeal From High Court; Jurisdictional Challenge
Outcome
Appeal upheld on jurisdiction; matter remitted to High Court for determination of merits.
Judges
Mogoeng CJ, Jafta J, Khampepe J, Madlanga J, Majiedt J, Mathopo AJ, Mhlantla J, Theron J, Tshiqi J, Victor AJ
Legal Topics
Concurrent Jurisdiction, Unlawful Termination, Section 157 Lra, Constitutional Obligations, Breach of Contract, Review Application
Labour Law Constitutional Law Civil Procedure Concurrent Jurisdiction Unlawful Termination Section 157 Lra Constitutional Obligations Breach of Contract +1 more

Case Brief

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Parties

Louisah Basani Baloyi

Applicant

Public Protector

Respondent

Busisiwe Mkhwebane

Respondent

Chief Executive Officer in the Office of the Public Protector

Respondent

Vussy Mahlangu

Respondent

Procedural Posture

Leave to Appeal / Appeal From High Court; Jurisdictional Challenge

Legal Issues

  1. 1 Does the High Court have jurisdiction over an allegedly unlawful termination of a fixed-term employment contract?
  2. 2 Does section 157(1) of the Labour Relations Act oust the High Court's jurisdiction in this matter?
  3. 3 Are the applicant's claims based on contract, public law, and constitutional obligations within the High Court's competence?

Ratio Decidendi

The Constitutional Court held that the High Court's jurisdiction is not ousted merely because a dispute arises in the employment context. Section 157(1) of the Labour Relations Act confers exclusive jurisdiction on the Labour Court only for matters that are to be determined by the Labour Court in terms of the LRA or other law. The applicant's claims, based on breach of contract, public law, and constitutional obligations, do not rely on rights or remedies created by the LRA. The pleadings establish causes of action independent of the LRA, and the applicant expressly disavowed reliance on the LRA. The High Court erred in dismissing the application on jurisdictional grounds. The matter is...

Court Disposition

Appeal upheld on jurisdiction; matter remitted to High Court for determination of merits.

Orders

  • Leave to appeal directly to the Constitutional Court is granted only in relation to the High Court's holding on jurisdiction.
  • The appeal is upheld with costs, including the costs of two counsel.