South Africa Case Law

Commission for Conciliation, Mediation and Arbitration and Others v Law Society of the Northern Provinces (005/13)

Commission for Conciliation, Mediation and Arbitration and Others v Law Society of the Northern Provinces (005/13) [2013] ZASCA 118; [2013] 11 BLLR 1057 (SCA); [2014] 1 All SA 125 (SCA); 2014 (2) SA 321 (SCA); (2013) 34 ILJ 2779 (SCA) (20 September 2013)

Court

Supreme Court of Appeal

Case number

005/13

Judges

Nugent, Malan, Wallis, Van der Merwe, Swain

The Supreme Court of Appeal held that rule 25(1)(c) of the CCMA rules, which limits the right to legal representation in arbitration proceedings concerning dismissals for misconduct or incapacity, is not unconstitutional. The rule is rationally connected to the legitimate government purpose of providing speedy, inexpensive, and informal dispute resolution for unfair dismissals. The limitation is the product of a historical compromise among social partners and is consistent with the Constitution. There is no absolute right to legal representation in administrative tribunals, and the subrule pr…

Source excerpt

• Legal Representation In Ccma
• Rationality Review
• Section 9 Equality
• Section 22 Freedom Of Trade
• Section 34 Access To Court
• Administrative Action

Seodin Primary School and Others v MEC of Education Northern Cape and Others (1) (77/04/01)

Seodin Primary School and Others v MEC of Education Northern Cape and Others (1) (77/04/01) [2005] ZANCHC 5; 2006 (4) BCLR 542 (NC); (24 February 2005)

Court

Northern Cape High Court, Kimberley

Case number

1177/2004

Judges

Kgomo, Williams, Goliath

The Northern Cape High Court dismissed an application for leave to appeal, striking one interlocutory leave application from the roll and awarding costs against the applicants.

• Judicial Review Of Administrative Action
• School Language Policy
• Interim Interdict
• Amendment Of Notice Of Motion
• Costs Orders
• Section 34 Access To Court