Khanyile v Commission for Conciliation Mediation And Arbitration and Others (D 532/2002) [2004] ZALC 88; [2005] 2 BLLR 138 (LC); (2004) 25 ILJ 2348 (LC) (26 November 2004)

Khanyile v Commission for Conciliation Mediation And Arbitration and Others (D 532/2002) [2004] ZALC 88; [2005] 2 BLLR 138 (LC); (2004) 25 ILJ 2348 (LC) (26 November 2004)

The court held that magistrates are judicial officers appointed under the Constitution and the Magistrates Act, and do not fall within the definition of 'employee' under the Labour Relations Act. The constitutional and statutory framework governing magistrates provides for their appointment, promotion, and...

Source-derived case information.

Citation
[2004] ZALC 88
Parties
Applicant: Mr Fano Alpheus Khanyile; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Mr M Sithole; Respondent: Minister of Justice
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 November 2004
Case Number
D532/2002
Procedural Posture
Review Application / Opposed Motion for Review Under Section 145 of the Lra; Jurisdictional Challenge Raised by Respondent
Outcome
Application dismissed; arbitration award set aside; no order as to costs.
Judges
Murphy AJ
Legal Topics
Definition of Employee, Judicial Independence, Promotion Disputes, Jurisdiction of Ccma
Labour Law Constitutional Law Definition of Employee Judicial Independence Promotion Disputes Jurisdiction of Ccma

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Fano Alpheus Khanyile

Applicant

Commission for Conciliation, Mediation & Arbitration

Respondent

Mr M Sithole

Respondent

Minister of Justice

Respondent

Procedural Posture

Review Application / Opposed Motion for Review Under Section 145 of the Lra; Jurisdictional Challenge Raised by Respondent

Legal Issues

  1. 1 Whether a magistrate is an 'employee' under the Labour Relations Act entitled to protection against unfair labour practices.
  2. 2 Whether the Labour Court and CCMA have jurisdiction over promotion disputes involving magistrates.
  3. 3 Whether the arbitration award issued by the CCMA in favour of the Minister of Justice is valid.

Ratio Decidendi

The court held that magistrates are judicial officers appointed under the Constitution and the Magistrates Act, and do not fall within the definition of 'employee' under the Labour Relations Act. The constitutional and statutory framework governing magistrates provides for their appointment, promotion, and discipline through the Magistrates Commission and higher courts, ensuring judicial independence. As such, the CCMA and Labour Court lack jurisdiction over disputes regarding the promotion of magistrates. The arbitration award issued by the CCMA was therefore invalid and must be set aside. The applicant's review application was dismissed, and no order as to costs was made.

Court Disposition

Application dismissed; arbitration award set aside; no order as to costs.

Orders

  • The applicant's application in terms of section 145 of the Labour Relations Act to review and set aside the award of the second respondent under case number KN5369-01 dated 9 March 2002 is dismissed.
  • The arbitration award of the second respondent under case number KN5369-01 is hereby reviewed and set aside.