Western Cape Education Department and Another v George (168/96) [1998] ZASCA 26; 1998 (3) SA 77 (SCA); [1998] 2 All SA 623 (A); (1998) 19 ILJ 764 (SCA) (27 March 1998)

Western Cape Education Department and Another v George (168/96) [1998] ZASCA 26; 1998 (3) SA 77 (SCA); [1998] 2 All SA 623 (A); (1998) 19 ILJ 764 (SCA) (27 March 1998)

The Supreme Court of Appeal held that, due to the removal of the discriminatory provision, the respondent's entitlement to the housing allowance, and the settlement agreement between the parties, there was no longer any live dispute or practical effect to be achieved by adjudicating the appeal. The legislative framework had also changed, rendering the underlying legal issues academic. The Court found that neither the appellants nor the respondent would gain any objectively discernible practical advantage from a decision on the merits. The appeal was therefore dismissed in terms of section 21A of the Supreme Court Act, which authorizes dismissal where the judgment or order sought will have...

Citation
[1998] ZASCA 26
Parties
Appellant: Western Cape Education Department; Appellant: Minister of Education; Respondent: Karen George
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 March 1998
Case Number
168/96
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court After Industrial Court Determination
Outcome
Appeal dismissed under section 21A of the Supreme Court Act; no order as to costs due to prior settlement agreement.
Judges
C T Howie, Mahomed, Olivier, Zulman, Streicher
Legal Topics
Unfair Labour Practice, Gender Discrimination, Public Service Benefits, Settlement Agreement
Labour Law Civil Procedure Unfair Labour Practice Gender Discrimination Public Service Benefits Settlement Agreement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Western Cape Education Department

Appellant

Minister of Education

Appellant

Karen George

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court After Industrial Court Determination

Legal Issues

  1. 1 Whether the appeal should be dismissed on the ground that the judgment or order sought will have no practical effect or result.
  2. 2 Whether the finding of unfair labour practice by the Industrial Court should be set aside despite the settlement and legislative changes.
  3. 3 Whether the Supreme Court of Appeal should pronounce on the merits where the underlying dispute has been resolved.

Ratio Decidendi

The Supreme Court of Appeal held that, due to the removal of the discriminatory provision, the respondent's entitlement to the housing allowance, and the settlement agreement between the parties, there was no longer any live dispute or practical effect to be achieved by adjudicating the appeal. The legislative framework had also changed, rendering the underlying legal issues academic. The Court found that neither the appellants nor the respondent would gain any objectively discernible practical advantage from a decision on the merits. The appeal was therefore dismissed in terms of section 21A of the Supreme Court Act, which authorizes dismissal where the judgment or order sought will have...

Court Disposition

Appeal dismissed under section 21A of the Supreme Court Act; no order as to costs due to prior settlement agreement.

Orders

  • The appeal is dismissed.
  • No order as to costs, as resolved by the pre-appeal settlement agreement.