South Africa Case Law

Kem-Lin Fashions v Brunton and Another (DA19/2000)

Kem-Lin Fashions v Brunton and Another (DA19/2000) [2001] ZALAC 23; 2002 (6) SA 497 (LAC); [2002] 7 BLLR 597 (LAC); (2002) 23 ILJ 882 (LAC) (29 June 2001)

Court

Labour Appeal Court

Case number

DA19/2000

Judges

M M Joffe, R M M Zondo, M T R Mogoeng

Rule 18(1) of the Constitutional Court Rules is intended to allow direct appeals to the Constitutional Court before the exhaustion of appeal remedies in other courts. In this case, the applicant had already exhausted its remedies in the Labour Appeal Court, and Rule 18 does not apply to applications made after such exhaustion. Section 167(3) of the Labour Relations Act makes it clear that no appeal lies from the Labour Appeal Court to the Supreme Court of Appeal, as both courts have equal authority in their respective jurisdictions. The constitutionality of this provision was not argued and i…

Source excerpt

• Leave To Appeal
• Constitutional Matter
• Jurisdiction Of Labour Appeal Court
• Rule 18 Procedure