Coin Security Group (Pty) Ltd v SA National Union for Security Officers and Others (223/98) [2000] ZASCA 48; 2001 (2) SA 872 (SCA) (29 September 2000)

Coin Security Group (Pty) Ltd v SA National Union for Security Officers and Others (223/98) [2000] ZASCA 48; 2001 (2) SA 872 (SCA) (29 September 2000)

The Supreme Court of Appeal held that the appeal had no practical effect or result within the meaning of section 21A of the Supreme Court Act 59 of 1959. The underlying labour dispute had been resolved by the dismissal of the respondents and subsequent confirmation of the fairness of those dismissals by the Labour Appeal Court. The appellant conceded that the order sought would no longer have any practical effect between the parties. The court reaffirmed the principle that courts do not decide abstract or hypothetical questions and that only orders with practical consequences are appealable. The discretion conferred by section 21A was exercised to dismiss the appeal, as any judgment or...

Citation
[2000] ZASCA 48
Parties
Appellant: Coin Security Group (Pty) Ltd; Respondent: SA National Union for Security Officers and Others
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 2000
Case Number
223/98
Procedural Posture
Civil Appeal / Appeal Hearing and Judgment
Outcome
Appeal dismissed in terms of section 21A of the Supreme Court Act 59 of 1959; costs awarded against the appellant.
Judges
F H Grosskopf, Olivier, Scott, Plewman, Farlam
Legal Topics
Jurisdiction of High Court, Exclusive Jurisdiction of Labour Court, Practical Effect of Appeal, Strike Action, Interdicts in Labour Disputes
Civil Procedure Labour Law Jurisdiction of High Court Exclusive Jurisdiction of Labour Court Practical Effect of Appeal Strike Action Interdicts in Labour Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Coin Security Group (Pty) Ltd

Appellant

SA National Union for Security Officers and Others

Respondent

Procedural Posture

Civil Appeal / Appeal Hearing and Judgment

Legal Issues

  1. 1 Whether the appeal and any order made thereon would have any practical effect or result within the meaning of section 21A of the Supreme Court Act 59 of 1959.
  2. 2 Whether the High Court had jurisdiction to grant an interdict in the context of a labour dispute, given the exclusive jurisdiction of the Labour Court under the Labour Relations Act 66 of 1995.
  3. 3 Whether the matter was moot due to the resolution of the underlying labour dispute and the dismissal of the respondents.

Ratio Decidendi

The Supreme Court of Appeal held that the appeal had no practical effect or result within the meaning of section 21A of the Supreme Court Act 59 of 1959. The underlying labour dispute had been resolved by the dismissal of the respondents and subsequent confirmation of the fairness of those dismissals by the Labour Appeal Court. The appellant conceded that the order sought would no longer have any practical effect between the parties. The court reaffirmed the principle that courts do not decide abstract or hypothetical questions and that only orders with practical consequences are appealable. The discretion conferred by section 21A was exercised to dismiss the appeal, as any judgment or...

Court Disposition

Appeal dismissed in terms of section 21A of the Supreme Court Act 59 of 1959; costs awarded against the appellant.

Orders

  • The appeal is dismissed in terms of section 21A of the Supreme Court Act 59 of 1959.
  • The appellant is ordered to pay the costs of the appeal.