Shange v South African Police Services (D835/09) [2011] ZALCD 4 (27 September 2011)

Shange v South African Police Services (D835/09) [2011] ZALCD 4 (27 September 2011)

The court found that the SSSBC did not have jurisdiction to arbitrate the dispute regarding the interpretation and application of Resolution 7 of 2000. Clause 14.1 of Resolution 7 of 2000 clearly provides that such disputes must be dealt with in accordance with the PSCBC dispute resolution procedure. Clause 1.1 of the PSCBC constitution merely allows Sectoral Councils to adopt PSCBC procedures for their own purposes but does not transfer jurisdiction over PSCBC collective agreements. The applicant's reliance on the SSSBC constitution, Section 127 and Section 38 of the LRA, and the PSCBC website was misplaced and did not establish jurisdiction. The applicant failed to demonstrate that the...

Citation
[2011] ZALCD 4
Parties
Applicant: S H Shange; Respondent: S A Police Service
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
27 September 2011
Case Number
D835/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Application for leave to appeal dismissed with costs.
Judges
Lallie
Legal Topics
Collective Agreement Interpretation, Bargaining Council Jurisdiction, Condonation of Late Filing, Leave to Appeal, Costs Award
Labour Law Civil Procedure Collective Agreement Interpretation Bargaining Council Jurisdiction Condonation of Late Filing Leave to Appeal Costs Award

Case Brief

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Parties

S H Shange

Applicant

S A Police Service

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether the Safety and Security Sectoral Bargaining Council (SSSBC) had jurisdiction to arbitrate the dispute regarding the interpretation and application of Resolution 7 of 2000.
  2. 2 Whether the applicant demonstrated reasonable prospects of success on appeal against the judgment setting aside the SSSBC's jurisdictional ruling.
  3. 3 Whether condonation for the late filing of the notice for leave to appeal should be granted.

Ratio Decidendi

The court found that the SSSBC did not have jurisdiction to arbitrate the dispute regarding the interpretation and application of Resolution 7 of 2000. Clause 14.1 of Resolution 7 of 2000 clearly provides that such disputes must be dealt with in accordance with the PSCBC dispute resolution procedure. Clause 1.1 of the PSCBC constitution merely allows Sectoral Councils to adopt PSCBC procedures for their own purposes but does not transfer jurisdiction over PSCBC collective agreements. The applicant's reliance on the SSSBC constitution, Section 127 and Section 38 of the LRA, and the PSCBC website was misplaced and did not establish jurisdiction. The applicant failed to demonstrate that the...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Condonation for late filing of the notice for leave to appeal is granted.
  • Application for leave to appeal is dismissed with costs.