Photocircuit SA (Pty) Ltd. v Roux NO and Another (473/89) [1991] ZASCA 11 (12 March 1991)

Photocircuit SA (Pty) Ltd. v Roux NO and Another (473/89) [1991] ZASCA 11 (12 March 1991)

The only issue raised in the present appeal was already decided against the appellant in the De Klerk appeal, where the court held that the Industrial Council had jurisdiction over the appellant under section 23(1) of the Labour Relations Act. The appellant's supplementary heads of argument failed to engage with the prior judgment or the principle of stare decisis. The submissions were a mere repetition of previously rejected arguments and lacked substance. Accordingly, the appeal was dismissed with costs.

Citation
[1991] ZASCA 11
Parties
Appellant: Photocircuit SA (Pty) Limited; Respondent: Adv P E Roux SC NO; Respondent: C E Douglass
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
12 March 1991
Case Number
473/89
Procedural Posture
Civil Appeal / Appeal Hearing
Outcome
Appeal dismissed with costs.
Judges
G G Hoexter, Vivier, Milne, Kumleben, Krieger
Legal Topics
Industrial Council Jurisdiction, Stare Decisis, Labour Relations Act Interpretation
Labour Law Industrial Council Jurisdiction Stare Decisis Labour Relations Act Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Photocircuit SA (Pty) Limited

Appellant

Adv P E Roux SC NO

Respondent

C E Douglass

Respondent

Procedural Posture

Civil Appeal / Appeal Hearing

Legal Issues

  1. 1 Whether the Industrial Council had jurisdiction over the appellant in terms of section 23(1) of the Labour Relations Act, No 28 of 1956.
  2. 2 Whether the previous decision in Photocircuit SA (Pty) Ltd v P P de Klerk NO and Others is binding on the present appeal.

Ratio Decidendi

The only issue raised in the present appeal was already decided against the appellant in the De Klerk appeal, where the court held that the Industrial Council had jurisdiction over the appellant under section 23(1) of the Labour Relations Act. The appellant's supplementary heads of argument failed to engage with the prior judgment or the principle of stare decisis. The submissions were a mere repetition of previously rejected arguments and lacked substance. Accordingly, the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.