South Africa Case Law

Schenker South Africa (Pty) Ltd v Robineau and Others (C455/16; C790/16)

Schenker South Africa (Pty) Ltd v Robineau and Others (C455/16; C790/16) [2018] ZALCCT 41; (2019) 40 ILJ 213 (LC); [2019] 4 BLLR 409 (LC) (28 August 2018)

Court

Labour Court Cape Town

Case number

C455/16; C790/16

Judge

Rabkin-Naicker

The Labour Court held that the CCMA was functus officio after referring the dispute to the Bargaining Council under section 147 of the LRA, and its jurisdiction over the matter lapsed. Section 51(4) of the LRA does not operate to reinstate CCMA jurisdiction in such circumstances; it applies only where a dispute is referred to a Bargaining Council at first instance and one or more parties do not fall within its registered scope. The contracts between the parties clearly stipulated that Mozambican law governed the employment relationship, and the locality of the undertaking test was not applica…

Source excerpt

• Ccma Jurisdiction
• Bargaining Council Referral
• Functus Officio
• Choice Of Law
• Extra Territorial Jurisdiction

Okah v S and Others (19/2014)

Okah v S and Others (19/2014) [2016] ZASCA 155; [2016] 4 All SA 775 (SCA); 2017 (1) SACR 1 (SCA) (3 October 2016)

Court

Supreme Court of Appeal

Case number

19/2014

Judges

Navsa, Shongwe, Dambuza, van der Merwe, Schoeman

The SCA held that South African courts had limited extra-territorial jurisdiction under the terrorism Act, setting aside some counts and amending the sentence.

• Extra Territorial Jurisdiction
• Terrorism
• Protection Of Constitutional Democracy Act
• Financing Of Terrorist Activities
• Conspiracy
• International Instruments