Fredericks and Others v MEC for Education and Training Eastern Cape and Others (CCT 27/01) [2001] ZACC 6; 2002 (2) BCLR 113 (CC); 2002 (2) SA 693 (CC); [2002] 2 BLLR 119 (CC); (2002) 23 ILJ 81 (CC) (4 December 2001)

Fredericks and Others v MEC for Education and Training Eastern Cape and Others (CCT 27/01) [2001] ZACC 6; 2002 (2) BCLR 113 (CC); 2002 (2) SA 693 (CC); [2002] 2 BLLR 119 (CC); (2002) 23 ILJ 81 (CC) (4 December 2001)

The Constitutional Court held that the applicants' claim, based on alleged infringements of constitutional rights to equality and administrative justice, raised a constitutional matter. Section 24 of the Labour Relations Act does not oust the jurisdiction of the High Court to determine constitutional matters, as the CCMA is not a court of similar status to the High Court. The Labour Court's exclusive jurisdiction under section 157(1) is limited to matters expressly assigned to it by the Act, and section 157(2) provides for concurrent jurisdiction with the High Court in constitutional matters arising from employment. The High Court erred in declining jurisdiction, and the matter must be...

Citation
[2001] ZACC 6
Parties
Applicant: M Fredericks and 47 Others; Respondent: MEC for Education and Training, Eastern Cape; Respondent: Permanent Secretary, Education, Culture and Sport, Eastern Cape; Respondent: Minister of Education
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
4 December 2001
Case Number
CCT 27/01
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court From a High Court Decision Declining Jurisdiction.
Outcome
Leave to appeal granted; appeal upheld; High Court's order set aside; matter referred back to the High Court for determination on the merits; costs awarded to applicants.
Judges
O'Regan, Chaskalson, Langa, Ackermann, Kriegler, Madala, Mokgoro, Sachs, Yacoob, Du Plessis, Skweyiya
Legal Topics
Jurisdiction of High Court, Collective Agreements, Constitutional Rights in Employment, Administrative Justice, Equality, Labour Relations Act Interpretation
Constitutional Law Labour Law Civil Procedure Jurisdiction of High Court Collective Agreements Constitutional Rights in Employment Administrative Justice Equality +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

M Fredericks and 47 Others

Applicant

MEC for Education and Training, Eastern Cape

Respondent

Permanent Secretary, Education, Culture and Sport, Eastern Cape

Respondent

Minister of Education

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court From a High Court Decision Declining Jurisdiction.

Legal Issues

  1. 1 Does the High Court have jurisdiction to determine constitutional matters arising from employment disputes where the Labour Relations Act is implicated?
  2. 2 Does section 24 of the Labour Relations Act oust the jurisdiction of the High Court in constitutional matters?
  3. 3 Is Resolution 3 a collective agreement for purposes of the Labour Relations Act, and what dispute procedures apply?

Ratio Decidendi

The Constitutional Court held that the applicants' claim, based on alleged infringements of constitutional rights to equality and administrative justice, raised a constitutional matter. Section 24 of the Labour Relations Act does not oust the jurisdiction of the High Court to determine constitutional matters, as the CCMA is not a court of similar status to the High Court. The Labour Court's exclusive jurisdiction under section 157(1) is limited to matters expressly assigned to it by the Act, and section 157(2) provides for concurrent jurisdiction with the High Court in constitutional matters arising from employment. The High Court erred in declining jurisdiction, and the matter must be...

Court Disposition

Leave to appeal granted; appeal upheld; High Court's order set aside; matter referred back to the High Court for determination on the merits; costs awarded to applicants.

Orders

  • The application for leave to appeal to this Court is granted.
  • The appeal is upheld and the order made by the High Court in the Eastern Cape is set aside.