South Africa Case Law

Chevron Engineering (Pty) Ltd v Nkambule and Others (1) (68/2002)

Chevron Engineering (Pty) Ltd v Nkambule and Others (1) (68/2002) [2003] ZASCA 68; [2003] 3 All SA 365 (SCA); 2003 (5) SA 206 (SCA); (2003) 24 ILJ 1331 (SCA); [2003] 7 BLLR 631 (SCA) (2 June 2003)

Court

Supreme Court of Appeal

Case number

68/2002

Judges

Farlam, Vivier, Zulman, Lewis, Mlambo

The Supreme Court of Appeal held that the inclusion of the words 'subject to the Constitution' in item 22(6) of Schedule 7 of the Labour Relations Act ensures that constitutional provisions prevail over statutory limitations on appeals. Section 168(3) of the Constitution grants the Supreme Court of Appeal jurisdiction to hear appeals in any matter except constitutional matters. Therefore, an appeal does lie to the Supreme Court of Appeal from a decision of the Labour Appeal Court given in terms of item 22(5), and leave to appeal is not required. The previous interpretation in Khoza v Gypsum I…

Source excerpt

• Leave To Appeal
• Jurisdiction Of Supreme Court Of Appeal
• Interpretation Of Labour Relations Act
• Constitutional Override
• Finality Of Labour Appeal Court Decisions