Chevron Engineering (Pty) Ltd v Nkambule and Others (1) (68/2002) [2003] ZASCA 68; [2003] 3 All SA 365 (SCA); 2003 (5) SA 206 (SCA); (2003) 24 ILJ 1331 (SCA); [2003] 7 BLLR 631 (SCA) (2 June 2003)

Chevron Engineering (Pty) Ltd v Nkambule and Others (1) (68/2002) [2003] ZASCA 68; [2003] 3 All SA 365 (SCA); 2003 (5) SA 206 (SCA); (2003) 24 ILJ 1331 (SCA); [2003] 7 BLLR 631 (SCA) (2 June 2003)

The Supreme Court of Appeal held that the inclusion of the words 'subject to the Constitution' in item 22(6) of Schedule 7 of the Labour Relations Act ensures that constitutional provisions prevail over statutory limitations on appeals. Section 168(3) of the Constitution grants the Supreme Court of Appeal jurisdiction to hear appeals in any matter except constitutional matters. Therefore, an appeal does lie to the Supreme Court of Appeal from a decision of the Labour Appeal Court given in terms of item 22(5), and leave to appeal is not required. The previous interpretation in Khoza v Gypsum Industries Ltd was found to be incorrect as it failed to consider the constitutional override. The...

Citation
[2003] ZASCA 68
Parties
Applicant: Chevron Engineering (Pty) Ltd; Respondent: Nkambule, Joseph and 23 Others
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 June 2003
Case Number
68/2002
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal From a Decision of the Labour Appeal Court
Outcome
Application granted. Directions issued for further prosecution and conduct of the appeal. Costs of this application are costs in the cause of the appeal.
Judges
Farlam, Vivier, Zulman, Lewis, Mlambo
Legal Topics
Leave to Appeal, Jurisdiction of Supreme Court of Appeal, Interpretation of Labour Relations Act, Constitutional Override, Finality of Labour Appeal Court Decisions
Labour Law Civil Procedure Leave to Appeal Jurisdiction of Supreme Court of Appeal Interpretation of Labour Relations Act Constitutional Override Finality of Labour Appeal Court Decisions

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Parties

Chevron Engineering (Pty) Ltd

Applicant

Nkambule, Joseph and 23 Others

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal From a Decision of the Labour Appeal Court

Legal Issues

  1. 1 Does an appeal lie to the Supreme Court of Appeal from a decision of the Labour Appeal Court given in terms of item 22(5) of Schedule 7 of the Labour Relations Act 66 of 1995?
  2. 2 Is leave to appeal required from the Labour Appeal Court in such matters?
  3. 3 Does item 22(6) of Schedule 7 of the Labour Relations Act conflict with section 168(3) of the Constitution?

Ratio Decidendi

The Supreme Court of Appeal held that the inclusion of the words 'subject to the Constitution' in item 22(6) of Schedule 7 of the Labour Relations Act ensures that constitutional provisions prevail over statutory limitations on appeals. Section 168(3) of the Constitution grants the Supreme Court of Appeal jurisdiction to hear appeals in any matter except constitutional matters. Therefore, an appeal does lie to the Supreme Court of Appeal from a decision of the Labour Appeal Court given in terms of item 22(5), and leave to appeal is not required. The previous interpretation in Khoza v Gypsum Industries Ltd was found to be incorrect as it failed to consider the constitutional override. The...

Court Disposition

Application granted. Directions issued for further prosecution and conduct of the appeal. Costs of this application are costs in the cause of the appeal.

Orders

  • The provisions of Rule 10 of the Supreme Court of Appeal's Rules must be complied with by the appellant on or before 30 June 2003 and by the respondent on or before 30 July 2003.
  • The costs of this application are costs in the cause of the appeal.