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South Africa Case Law

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Administrative Law [2000] ZASCA 17

National Police Service Union and Others v Minister of Safety and Security and Others (651/97)

National Police Service Union and Others v Minister of Safety and Security and Others (651/97) [2000] ZASCA 17; 2000 (3) SA 371 (SCA) (29 March 2000)

Court
Supreme Court of Appeal
Case number
651/97
Judges
Smalberger, Marais, Olivier, Melunsky, Farlam

The court held that the Fifth Rationalisation Scheme did not require promulgation in the Government Gazette to be valid and effective. The Scheme constituted an administrative directive, not subordinate legislation within the meaning of section 16 of the Interpretation Act. Notification to affected members, as required by section 14(6) of the Proclamation, was sufficient. Regarding medical benefits, the court found that regulation 30 did not make Polmed membership compulsory, but Polmed was the only scheme providing medical benefits at State expense. Members could choose to belong to another…

Source excerpt

  • Rationalisation Of Public Service
  • Promulgation Of Subordinate Legislation
  • Medical Benefits For Police
  • Interpretation Of Regulations
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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jurisdiction for matters properly before the court prior to the statutory lapse, but the enabling legislation had been repealed and the court was not constituted under the old Act.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.