Makhanya v University of Zululand (218/08) [2009] ZASCA 69; 2010 (1) SA 62 (SCA) ; [2009] 8 BLLR 721 (SCA) ; [2009] 4 All SA 146 (SCA); (2009) 30 ILJ 1539 (SCA) (29 May 2009)

Makhanya v University of Zululand (218/08) [2009] ZASCA 69; 2010 (1) SA 62 (SCA) ; [2009] 8 BLLR 721 (SCA) ; [2009] 4 All SA 146 (SCA); (2009) 30 ILJ 1539 (SCA) (29 May 2009)

The Supreme Court of Appeal held that the High Court retains jurisdiction to adjudicate claims for enforcement of employment contracts, notwithstanding the existence of alternative remedies under the Labour Relations Act. The claim before the High Court was for enforcement of a common law contractual right, not an LRA right, and was therefore not precluded by the appellant's prior pursuit of an unfair dismissal claim in the CCMA. The defence of res judicata failed because the claims in the CCMA and the High Court were not the same; the CCMA dealt with unfair dismissal under the LRA, while the High Court claim concerned contractual enforcement. The doctrine of precedent requires courts to...

Citation
[2009] ZASCA 69
Parties
Appellant: Edward Mbuyiselo Makhanya; Respondent: University of Zululand
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 2009
Case Number
218/08
Procedural Posture
Civil Appeal / Appeal From High Court, Durban (court of First Instance)
Outcome
Appeal upheld. The order of the High Court is set aside. Both special pleas are dismissed with costs. The action is postponed sine die for disposal of the remaining issues. The matter is remitted to the High Court.
Judges
Nugent, Lewis, Snyders
Legal Topics
Jurisdiction of High Court, Contract of Employment, Res Judicata, Concurrent Jurisdiction, Enforcement of Employment Contract
Labour Law Civil Procedure Jurisdiction of High Court Contract of Employment Res Judicata Concurrent Jurisdiction Enforcement of Employment Contract

Case Brief

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Parties

Edward Mbuyiselo Makhanya

Appellant

University of Zululand

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Durban (court of First Instance)

Legal Issues

  1. 1 Does the High Court have jurisdiction to adjudicate a claim for enforcement of an employment contract where alternative remedies exist under the Labour Relations Act?
  2. 2 Is the claim before the High Court the same as that pursued in the CCMA, such that res judicata or issue estoppel applies?
  3. 3 Can a claimant pursue both a statutory (LRA) and a common law contractual claim arising from the same facts in different forums?

Ratio Decidendi

The Supreme Court of Appeal held that the High Court retains jurisdiction to adjudicate claims for enforcement of employment contracts, notwithstanding the existence of alternative remedies under the Labour Relations Act. The claim before the High Court was for enforcement of a common law contractual right, not an LRA right, and was therefore not precluded by the appellant's prior pursuit of an unfair dismissal claim in the CCMA. The defence of res judicata failed because the claims in the CCMA and the High Court were not the same; the CCMA dealt with unfair dismissal under the LRA, while the High Court claim concerned contractual enforcement. The doctrine of precedent requires courts to...

Court Disposition

Appeal upheld. The order of the High Court is set aside. Both special pleas are dismissed with costs. The action is postponed sine die for disposal of the remaining issues. The matter is remitted to the High Court.

Orders

  • The appeal is upheld with costs.
  • The order of the court below is set aside and substituted with: (a) Both special pleas are dismissed with costs; (b) The action is postponed sine die for disposal of the remaining issues.