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Administrative Law [2022] ZALMPPHC 23

Phalafala and Others v Member of Executive Council for Education, Limpopo Province and Others (3697/2018)

Phalafala and Others v Member of Executive Council for Education, Limpopo Province and Others (3697/2018) [2022] ZALMPPHC 23 (16 May 2022)

The court found that the applicants' claim was formulated as a challenge to the administrative implementation of an incentive policy, not as an unfair labour practice under the Labour Relations Act. Both parties agreed that the decision in question was administrative in nature. The Constitutional Court's guidance in Baloyi v Public Protector and Gcaba v Minister for Safety and Security established that jurisdiction is determined by the pleadings and that the High Court retains concurrent jurisdiction with the Labour Court in such matters. The respondents' persistence in raising the jurisdicti…

  • Jurisdiction Of High Court
  • Administrative Action Review
  • Concurrent Jurisdiction
  • Incentive Policy
  • Unfair Discrimination
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