South Africa Case Law

MEC for Health, Western Cape v Coetzee and Others (CCT137/19)

MEC for Health, Western Cape v Coetzee and Others (CCT137/19) [2020] ZACC 3; (2020) 41 ILJ 1303 (CC); 2020 (6) BCLR 674 (CC) (20 March 2020)

Court

Constitutional Court

Case number

CCT 137/19

Judges

Khampepe, Froneman, Jafta, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court held that the respondents, as Principal and Chief Specialists in public hospitals, were employed on the fixed establishment of the Department and thus qualified as public servants within the meaning of the Labour Relations Act and Public Service Act. The collective agreement on the scarce skills allowance was negotiated for their benefit and binds the applicant as employer and the relevant trade unions, including SAMA acting jointly with DENOSA. The applicant's arguments regarding trade union membership, employment status, and scope of the Bargaining Council were reje…

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• Collective Agreements
• Scope Of Bargaining Council
• Public Service Definition
• Scarce Skills Allowance
• Trade Union Membership
• Leave To Appeal

MEC for the Department of Health, Western Cape v Coetzee and Others (CA5/2018)

MEC for the Department of Health, Western Cape v Coetzee and Others (CA5/2018) [2019] ZALAC 48 (3 May 2019)

Court

Labour Appeal Court

Case number

CA5/2018

Judges

Coppin, Murphy, Savage

The Labour Appeal Court held that teaching-hospital specialists were within the bargaining council scope and entitled to a scarce skills allowance.

• Collective Agreement Interpretation
• Scope Of Bargaining Council
• Public Service Definition
• Scarce Skills Allowance
• Teaching Hospital Employment
• Trade Union Membership

South African Municipal Worker's Union v Minister of Co-Operative Governance and Traditional Affairs (3558/2013)

South African Municipal Worker's Union v Minister of Co-Operative Governance and Traditional Affairs (3558/2013) [2016] ZAGPPHC 733 (23 February 2016)

Court

North Gauteng High Court, Pretoria

Case number

3558/2013

Judge

M M Jansen

The court held that the Local Government Municipal Systems Amendment Act 7 of 2011 was enacted using the incorrect constitutional procedure. The Act affects provinces and falls within functional areas listed in Schedule 4, and its provisions directly impact provincial oversight and legislative competence. The substantial measure test, as articulated in Tongoane, requires that any Bill whose provisions substantially affect the interests of the provinces must be enacted in accordance with section 76. The Amendment Act provides for legislation envisaged in section 195(3) and (4) of the Constitut…

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• Legislative Tagging
• Constitutional Invalidity
• Municipal Systems Amendment Act
• Section 76 Procedure
• Oversight And Accountability
• Public Service Definition