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South Africa Case Law

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Labour Law [2001] ZALAC 23

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
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Labour Law [1999] ZALAC 43

Sodo and Others v Government of the Eastern Cape and Another (NHE28/2/1)

Sodo and Others v Government of the Eastern Cape and Another (NHE28/2/1) [1999] ZALAC 43 (1 September 1999)

Court
Labour Appeal Court
Case number
NHE28/2/1
Judges
Nicholson JA, Conradie JA, Mogoeng AJA

The Labour Appeal Court held that it did not have jurisdiction to hear the application. The relief sought was not an appeal from the Labour Court nor a reserved question of law as contemplated by the Labour Relations Act 66 of 1995. The Special Tribunal Act and section 237(4) of the Interim Constitution only preserved jurisdiction for matters properly before the court prior to the statutory lapse, but the enabling legislation had been repealed and the court was not constituted under the old Act. The Judge President had not directed the court to sit as a court of first instance. The court decl…

Source excerpt

  • Jurisdiction Of Labour Appeal Court
  • Rationalisation Of Public Service
  • Special Tribunal Act
  • Interim Constitution Section 237
  • Repeal Of Labour Relations Act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.