Phalafala and Others v Member of Executive Council for Education, Limpopo Province and Others (3697/2018) [2022] ZALMPPHC 23 (16 May 2022)

Phalafala and Others v Member of Executive Council for Education, Limpopo Province and Others (3697/2018) [2022] ZALMPPHC 23 (16 May 2022)

The court found that the applicants' claim was formulated as a challenge to the administrative implementation of an incentive policy, not as an unfair labour practice under the Labour Relations Act. Both parties agreed that the decision in question was administrative in nature. The Constitutional Court's guidance in Baloyi v Public Protector and Gcaba v Minister for Safety and Security established that jurisdiction is determined by the pleadings and that the High Court retains concurrent jurisdiction with the Labour Court in such matters. The respondents' persistence in raising the jurisdictional point was found to be ill-advised, as previous judgments and statutory provisions clearly...

Citation
[2022] ZALMPPHC 23
Parties
Applicant: Phalafala, Pheeha Aubrey and 321 Others; Respondent: Member of Executive Council for Education, Limpopo Province; Respondent: Head of Department, Education; Respondent: Minister of Basic Education
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
16 May 2022
Case Number
3697/2018
Procedural Posture
Review Application / Jurisdictional Point in Limine
Outcome
The point in limine on lack of jurisdiction is dismissed with costs, including those of Senior Counsel.
Judges
Mangena
Legal Topics
Jurisdiction of High Court, Administrative Action Review, Concurrent Jurisdiction, Incentive Policy, Unfair Discrimination
Administrative Law Labour Law Jurisdiction of High Court Administrative Action Review Concurrent Jurisdiction Incentive Policy Unfair Discrimination

Case Brief

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Parties

Phalafala, Pheeha Aubrey and 321 Others

Applicant

Member of Executive Council for Education, Limpopo Province

Respondent

Head of Department, Education

Respondent

Minister of Basic Education

Respondent

Procedural Posture

Review Application / Jurisdictional Point in Limine

Legal Issues

  1. 1 Does the High Court have jurisdiction to review the administrative decision of the Head of Department regarding the implementation of the incentive policy for teachers?
  2. 2 Is the dispute exclusively within the jurisdiction of the Labour Court under section 157(1) of the Labour Relations Act?
  3. 3 Does the applicants' claim constitute an administrative action susceptible to review under PAJA and section 33 of the Constitution?

Ratio Decidendi

The court found that the applicants' claim was formulated as a challenge to the administrative implementation of an incentive policy, not as an unfair labour practice under the Labour Relations Act. Both parties agreed that the decision in question was administrative in nature. The Constitutional Court's guidance in Baloyi v Public Protector and Gcaba v Minister for Safety and Security established that jurisdiction is determined by the pleadings and that the High Court retains concurrent jurisdiction with the Labour Court in such matters. The respondents' persistence in raising the jurisdictional point was found to be ill-advised, as previous judgments and statutory provisions clearly...

Court Disposition

The point in limine on lack of jurisdiction is dismissed with costs, including those of Senior Counsel.

Orders

  • The point in limine on lack of jurisdiction is dismissed with costs, including that of Senior Counsel.