National Union of Mineworkers and Others v Hartebeesfontein Gold Mining Company Ltd. (57/86) [1986] ZASCA 41; 1986 (3) SA 53 (A); (1986) 7 ILJ 275 (A) (27 March 1986)

National Union of Mineworkers and Others v Hartebeesfontein Gold Mining Company Ltd. (57/86) [1986] ZASCA 41; 1986 (3) SA 53 (A); (1986) 7 ILJ 275 (A) (27 March 1986)

The court held that the document reserving questions of law was not in the form of a special case as required by section 17(21)(a) of the Labour Relations Act. It lacked a statement of agreed facts and did not show how the questions of law arose from the proceedings before the industrial court. The reserved questions were abstract and not specifically related to the dispute at hand. The appellate court cannot reformulate the special case; this is the responsibility of the industrial court. As a result, the proceedings were fatally defective and no order could be made on the reserved questions.

Citation
[1986] ZASCA 41
Parties
Appellant: National Union of Mineworkers; Appellant: Malsfetsane Ntsihlele and Others; Appellant: Ezekiel Modise and Others; Respondent: Hartebeestfontein Gold Mining Company Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 March 1986
Case Number
57/86
Procedural Posture
Civil Appeal / Questions of Law Reserved for Decision by the Appellate Division Under Section 17(21)(a) of the Labour Relations Act
Outcome
No order made on the reserved questions; no order as to costs.
Judges
Rabie, Jansen, Hoexter, Galgut, Nicholas
Legal Topics
Special Case Procedure, Unfair Labour Practice, Strike Dismissal, Jurisdiction of Industrial Court
Labour Law Civil Procedure Special Case Procedure Unfair Labour Practice Strike Dismissal Jurisdiction of Industrial Court

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Appellant

Malsfetsane Ntsihlele and Others

Appellant

Ezekiel Modise and Others

Appellant

Hartebeestfontein Gold Mining Company Limited

Respondent

Procedural Posture

Civil Appeal / Questions of Law Reserved for Decision by the Appellate Division Under Section 17(21)(a) of the Labour Relations Act

Legal Issues

  1. 1 Whether the document reserving questions of law was in the form of a special case as required by section 17(21)(a) of the Labour Relations Act.
  2. 2 Whether the reserved questions of law arose in the proceedings before the industrial court.
  3. 3 Whether the reserved questions were abstract or academic rather than arising from a concrete dispute.

Ratio Decidendi

The court held that the document reserving questions of law was not in the form of a special case as required by section 17(21)(a) of the Labour Relations Act. It lacked a statement of agreed facts and did not show how the questions of law arose from the proceedings before the industrial court. The reserved questions were abstract and not specifically related to the dispute at hand. The appellate court cannot reformulate the special case; this is the responsibility of the industrial court. As a result, the proceedings were fatally defective and no order could be made on the reserved questions.

Court Disposition

No order made on the reserved questions; no order as to costs.

Orders

  • No order is made in regard to the questions reserved.
  • No order as to costs.