South Africa Case Law

City of Matlosana v South African Local Government Bargaining Council (JR1626/08)

City of Matlosana v South African Local Government Bargaining Council (JR1626/08) [2008] ZALC 139; (2009) 30 ILJ 1293 (LC) (5 September 2008)

Court

Labour Court

Case number

JR1626/08

Judge

Pillay D

The court held that the term 'State' in section 64(1)(d) of the Labour Relations Act includes municipalities, and therefore the union was required to give seven days notice before embarking on a strike. The union's strike notice issued in May 2008 was not sufficient due to the lapse of time and changes in demands; a fresh notice was required. The court found that most of the union's demands were strikeable issues, except for the demand regarding negotiations on policies and organogram, which constituted a refusal to bargain dispute and required advisory arbitration. The application to interdi…

Source excerpt

• Strike Notice Requirements
• Definition Of State
• Refusal To Bargain
• Advisory Arbitration
• Municipal Employment
• Essential Services

Greater Johannesburg Transitional Metropolitan Council v Eskom (536/97)

Greater Johannesburg Transitional Metropolitan Council v Eskom (536/97) [1999] ZASCA 95; 2000 (1) SA 866 (SCA) (30 November 1999)

Court

Supreme Court of Appeal

Case number

536/97

Judges

Mahomed, Vivier, Scott, Melunsky, Farlam

The court held that Eskom was exempt from regional establishment levies because “the State” in section 24 of the Eskom Act includes regional and local government bodies.

• Regional Establishment Levy
• Statutory Exemption
• Definition Of State
• Local Government Functions
• Statutory-interpretation
• Tax-exemptions