Solidarity v Minister of Safety And Security and Others (J 879/12) [2016] ZALCJHB 107 (22 March 2016)
The court held that, because the judgment in this matter is significantly connected to the decision of the Labour Appeal Court in Solidarity & others v Department of Correctional Services & others, which is itself under appeal in the Constitutional Court, it would be anomalous not to grant leave to appeal. The...
Source-derived case information.
- Citation
- [2016] ZALCJHB 107
- Parties
- Applicant: Solidarity; Respondent: Minister of Safety And Security; Respondent: Minister of Labour; Respondent: National Commissioner of the South African Police Service; Respondent: South African Police Union; Amicus Curiae: Police and Prisons Civil Rights Union
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J 879/12
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal against the judgment handed down on 26 January 2016 is granted to the applicants for leave to appeal. Costs shall be costs in the appeal.
- Judges
- Lagrange
- Legal Topics
- Leave to Appeal, Employment Equity, Affirmative Action
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solidarity
Applicant
Minister of Safety And Security
Respondent
Minister of Labour
Respondent
National Commissioner of the South African Police Service
Respondent
South African Police Union
Respondent
Police and Prisons Civil Rights Union
Amicus Curiae
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted against the judgment handed down on 26 January 2016.
- 2 Whether the pending Constitutional Court appeal in a related matter justifies granting leave to appeal.
Ratio Decidendi
The court held that, because the judgment in this matter is significantly connected to the decision of the Labour Appeal Court in Solidarity & others v Department of Correctional Services & others, which is itself under appeal in the Constitutional Court, it would be anomalous not to grant leave to appeal. The interests of justice and the need for consistency in the application of employment equity and affirmative action principles justify granting leave to appeal.
Court Disposition
Leave to appeal against the judgment handed down on 26 January 2016 is granted to the applicants for leave to appeal. Costs shall be costs in the appeal.
Orders
- Leave to appeal against the judgment in this matter handed down on 26 January 2016 is granted to the applicants for leave to appeal.
- Costs shall be costs in the appeal.
Full Case Text
Judgment text and source record
28 paragraphs
THE LABOUR COURT OF SOUTH AFRICA,
JOHANNESBURG
CASE NO: J 879/12
DATE: 22 MARCH 2016
In the matter between:
SOLIDARITY............................................................................................................................Applicant
(First Respondent on Appeal)
And
THE MINISTER OF SAFETY AND SECURITY......................................................First respondent
(First applicant on appeal)
THE MINISTER OF LABOUR...............................................................................Second respondent
THE NATIONAL COMMISSIONER OF
THE SOUTH AFRICAN POLICE SERVICE..........................................................Third respondent
(Second Applicant on appeal)
SOUTH AFRICAN POLICE UNION......................................................................Fourth respondent
(Second respondent on appeal)
POLICE AND PRISONS CIVIL RIGHTS UNION......................................................Amicus Curiae
Judgment on application for leave to appeal
LAGRANGE J
[1] As the judgment in the matter to a significant extent is linked to the decision of the LAC in Solidarity & others v Department of Correctional Services & others (Police & Prisons Civil Rights Union as Amicus Curiae)[1], which is a judgment on appeal in the Constitutional Court, it would be anomalous not to grant leave to appeal against the judgment in this matter.
Order
[2] Accordingly,
2.1 Leave to appeal against the judgment in this matter handed down on 26 January 2016 is granted to the applicants for leave to appeal.
2.2 Costs shall be costs in the appeal.
Lagrange J (In chambers)
Judge of the Labour Court of South Africa
Dated: 22 March 2016
[1] (2015) 36 ILJ 1848 (LAC)