Contract Employment Contractors (Pty) Ltd v Motor Industry Bargaining Council (MIBCO) and Others (C 97/2012)
Contract Employment Contractors (Pty) Ltd v Motor Industry Bargaining Council (MIBCO) and Others (C 97/2012) [2012] ZALCJHB 22; [2012] 7 BLLR 726 (LC); 2013 (3) SA 308 (LC) (27 February 2012)
The court held that section 22 of the Constitution, read with section 8(4), may be interpreted to include juristic persons, particularly where the purpose of redress and the nature of the juristic person are considered. Even if the applicant is not entitled to rely directly on section 22, its concern for the rights of its employees brings the doctrine of objective unconstitutionality into play, allowing it to challenge the validity of the law. The applicant therefore meets the threshold required to resist absolution from the instance regarding standing. The point in limine is dismissed and th…
Source excerpt
- Standing
- Freedom Of Trade
- Collective Agreements
- Objective Unconstitutionality
- Section 22 Rights