Coin Security Group (Pty) Ltd v Minister of Labour and Others (18/2000) [2001] ZASCA 78; 2001 (4) SA 285 (SCA); (2001) 22 ILJ 2399 (SCA); [2001] 11 BLLR 1193 (SCA) (1 June 2001)

Coin Security Group (Pty) Ltd v Minister of Labour and Others (18/2000) [2001] ZASCA 78; 2001 (4) SA 285 (SCA); (2001) 22 ILJ 2399 (SCA); [2001] 11 BLLR 1193 (SCA) (1 June 2001)

The Supreme Court of Appeal held that, by virtue of item 12(1)(a) of Schedule 7 to the new Labour Relations Act, all provisions of the old Labour Relations Act relating to industrial council agreements that remained in force continued to apply as if the old Act had not been repealed. Therefore, the Industrial Court...

Source-derived case information.

Citation
[2001] ZASCA 78
Parties
Appellant: Coin Security Group (Pty) Ltd; Respondent: Minister of Labour; Respondent: Industrial Council of the Motor Transport Undertaking (Goods); Respondent: Road Freight Employers Association; Respondent: Motor Transport Workers Union (South Africa); Respondent: South African Transport Workers Union; Respondent: Professional Transport Workers Union of South Africa; Respondent: Transport and General Workers Union; Respondent: African Miners and Allied Workers Union; Respondent: Turning Wheel Workers Union
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 June 2001
Case Number
18/2000
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Hefer, Schutz, Scott, Streicher, Farlam
Legal Topics
Demarcation Dispute, Industrial Council Agreement, Jurisdiction, Transitional Arrangements, Collective Agreement Definition
Labour Law Civil Procedure Demarcation Dispute Industrial Council Agreement Jurisdiction Transitional Arrangements Collective Agreement Definition

Source-derived case record

Summary, issues, holding and outcome

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Parties

Coin Security Group (Pty) Ltd

Appellant

Minister of Labour

Respondent

Industrial Council of the Motor Transport Undertaking (Goods)

Respondent

Road Freight Employers Association

Respondent

Motor Transport Workers Union (South Africa)

Respondent

South African Transport Workers Union

Respondent

Professional Transport Workers Union of South Africa

Respondent

Transport and General Workers Union

Respondent

African Miners and Allied Workers Union

Respondent

Turning Wheel Workers Union

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division

Legal Issues

  1. 1 Whether the High Court had jurisdiction to determine a demarcation dispute regarding the applicability of an industrial council agreement promulgated under the old Labour Relations Act.
  2. 2 Whether the agreement in question is deemed a collective agreement under the new Labour Relations Act.
  3. 3 Which court has exclusive jurisdiction to determine demarcation disputes under transitional arrangements of the new Labour Relations Act.

Ratio Decidendi

The Supreme Court of Appeal held that, by virtue of item 12(1)(a) of Schedule 7 to the new Labour Relations Act, all provisions of the old Labour Relations Act relating to industrial council agreements that remained in force continued to apply as if the old Act had not been repealed. Therefore, the Industrial Court retained exclusive jurisdiction to determine demarcation disputes regarding such agreements, and the High Court had no jurisdiction. The agreement in question was not deemed a collective agreement under the new Act, and the Labour Court was not empowered to decide the dispute. The appeal was dismissed, confirming that proceedings should have been instituted in the Industrial...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.