Solidarity and Others v SA Police Services and Others (JS469/12) [2015] ZALCJHB 266 (13 August 2015)

Solidarity and Others v SA Police Services and Others (JS469/12) [2015] ZALCJHB 266 (13 August 2015)

The Labour Court, after considering the submissions and relevant legal principles, found that although most legal arguments have been settled by higher courts, the implementation of the Collective Agreement as an equality-seeking measure remains susceptible to constitutional challenge. The competing interests...

Source-derived case information.

Citation
[2015] ZALCJHB 266
Parties
Applicant: Solidarity; Applicant: J.P.L VAN DER WALT; Applicant: J.E STONE; Applicant: N. LE ROUX; Respondent: SA POLICE SERVICES; Respondent: THE MINISTER OF SAFETY AND SECURITY N.O.; Respondent: THE NATIONAL COMMISSIONER OF THE SA POLICE SERVICE N.O.; Respondent: SOUTH AFRICAN POLICING UNION; Respondent: POLICE AND PRISONS CIVIL RIGHTS UNION; Respondent: THE SAFETY AND SECURITY BARGAINING COUNCIL
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 August 2015
Case Number
JS469/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Dismissing Main Application
Outcome
Leave to appeal against the judgment handed down on 2 April 2015 is granted.
Judges
Tlhotlhalemaje
Legal Topics
Employment Equity, Affirmative Action Measures, Unfair Discrimination, Collective Agreement, Constitutional Right to Equality
Labour Law Constitutional Law Employment Equity Affirmative Action Measures Unfair Discrimination Collective Agreement Constitutional Right to Equality

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Parties

Solidarity

Applicant

J.P.L VAN DER WALT

Applicant

J.E STONE

Applicant

N. LE ROUX

Applicant

SA POLICE SERVICES

Respondent

THE MINISTER OF SAFETY AND SECURITY N.O.

Respondent

THE NATIONAL COMMISSIONER OF THE SA POLICE SERVICE N.O.

Respondent

SOUTH AFRICAN POLICING UNION

Respondent

POLICE AND PRISONS CIVIL RIGHTS UNION

Respondent

THE SAFETY AND SECURITY BARGAINING COUNCIL

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Dismissing Main Application

Legal Issues

  1. 1 Whether there are reasonable prospects that the Labour Appeal Court may reach a different conclusion regarding the validity and constitutionality of the Collective Agreement.
  2. 2 Whether the implementation of the Collective Agreement amounts to unfair discrimination in contravention of the Constitution and Employment Equity Act.
  3. 3 Whether the Labour Court should grant leave to appeal in light of settled law and public interest.

Ratio Decidendi

The Labour Court, after considering the submissions and relevant legal principles, found that although most legal arguments have been settled by higher courts, the implementation of the Collective Agreement as an equality-seeking measure remains susceptible to constitutional challenge. The competing interests between SAPS and its members in implementing the Agreement and the applicants' constitutional rights to equality warrant further consideration. The judge, reflecting dispassionately on the judgment and the issues raised, concluded that there are reasonable prospects that the Labour Appeal Court may take a different view, and the case cannot be categorised as hopeless. Accordingly,...

Court Disposition

Leave to appeal against the judgment handed down on 2 April 2015 is granted.

Orders

  • The application for leave to appeal is granted.
  • The costs of this application are to be costs in the appeal.