Sodo and Others v Government of the Eastern Cape and Another (NHE28/2/1) [1999] ZALAC 43 (1 September 1999)

Sodo and Others v Government of the Eastern Cape and Another (NHE28/2/1) [1999] ZALAC 43 (1 September 1999)

The Labour Appeal Court held that it did not have jurisdiction to hear the application. The relief sought was not an appeal from the Labour Court nor a reserved question of law as contemplated by the Labour Relations Act 66 of 1995. The Special Tribunal Act and section 237(4) of the Interim Constitution only preserved jurisdiction for matters properly before the court prior to the statutory lapse, but the enabling legislation had been repealed and the court was not constituted under the old Act. The Judge President had not directed the court to sit as a court of first instance. The court declined to advise on which forum should hear the matter, as this would be outside its competence....

Citation
[1999] ZALAC 43
Parties
Applicant: Richard Sodo and 26 Others; Respondent: Government of the Eastern Cape; Respondent: Director-General, Eastern Cape Province
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
1 September 1999
Case Number
NHE28/2/1
Procedural Posture
Jurisdictional Ruling / Preliminary Jurisdictional Determination
Outcome
Application struck off the roll for lack of jurisdiction. No order as to costs.
Judges
Nicholson JA, Conradie JA, Mogoeng AJA
Legal Topics
Jurisdiction of Labour Appeal Court, Rationalisation of Public Service, Special Tribunal Act, Interim Constitution Section 237, Repeal of Labour Relations Act
Labour Law Civil Procedure Jurisdiction of Labour Appeal Court Rationalisation of Public Service Special Tribunal Act Interim Constitution Section 237 Repeal of Labour Relations Act

Case Brief

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Parties

Richard Sodo and 26 Others

Applicant

Government of the Eastern Cape

Respondent

Director-General, Eastern Cape Province

Respondent

Procedural Posture

Jurisdictional Ruling / Preliminary Jurisdictional Determination

Legal Issues

  1. 1 Does the Labour Appeal Court have jurisdiction to hear the application brought by the applicants regarding termination of employment following rationalisation of the public service.
  2. 2 Is the matter properly before the Labour Appeal Court in terms of the Special Tribunal Act and the Interim Constitution.
  3. 3 Should the Labour Appeal Court be constituted before a judge with two assessors or three judges for this matter.

Ratio Decidendi

The Labour Appeal Court held that it did not have jurisdiction to hear the application. The relief sought was not an appeal from the Labour Court nor a reserved question of law as contemplated by the Labour Relations Act 66 of 1995. The Special Tribunal Act and section 237(4) of the Interim Constitution only preserved jurisdiction for matters properly before the court prior to the statutory lapse, but the enabling legislation had been repealed and the court was not constituted under the old Act. The Judge President had not directed the court to sit as a court of first instance. The court declined to advise on which forum should hear the matter, as this would be outside its competence....

Court Disposition

Application struck off the roll for lack of jurisdiction. No order as to costs.

Orders

  • It is declared that this Court does not have jurisdiction to hear this application.
  • The application is struck off the roll.