South Africa Case Law

Congress of South African Trade Unions and Another v Business Unity of South Africa and Another (JA97/2019)

Congress of South African Trade Unions and Another v Business Unity of South Africa and Another (JA97/2019) [2020] ZALAC 51; (2021) 42 ILJ 490 (LAC); [2021] 4 BLLR 343 (LAC) (27 November 2020)

Court

Labour Appeal Court

Case number

JA97/2019

Judges

Davis, Jappie, Kathree-Setiloane

The Labour Appeal Court held that section 77 of the Labour Relations Act does not prescribe any time limit for the issuing of a notice of protest action under paragraph (d), nor does it restrict the number of such notices that may be issued following a single referral under section 77(1)(b). The Court found that the statutory framework is designed to vindicate constitutional rights to protest and fair labour practices, and that reading in a time limit or restricting the number of notices would unduly limit these rights. The Court rejected the respondent's argument that the principle of expedi…

Source excerpt

• Protest Action
• Section 77 Lra
• Statutory Interpretation
• Constitutional Rights
• Notice Requirements

Business Unity South Africa v Congress of South African Trade Unions and Others (J1908/19)

Business Unity South Africa v Congress of South African Trade Unions and Others (J1908/19) [2019] ZALCJHB 252; [2020] 1 BLLR 38 (LC); (2020) 41 ILJ 174 (LC) (1 October 2019)

Court

Labour Court Johannesburg

Case number

J1908/19

Judge

Rabkin-Naicker

The court found that while the requirements of section 77(1)(c) had been met, the issuing of the section 77(1)(d) notice was unduly delayed, and multiple notices were improperly issued based on a single referral. Section 77 must be interpreted to require that a section 77(1)(d) notice is issued within a reasonable period after the completion of the section 77(1)(c) process. The procedural safeguards in section 77 are designed to ensure the effective resolution of disputes and to balance the interests of all social partners, including the public. The delay and repeated notices undermined the r…

Source excerpt

• Protest Action
• Section 77 Lra
• Jurisdictional Facts
• Reasonable Time Requirement
• Interdict
• Protected Strike

Government of Western Province v Congress of South African Trade Union and Another (C162/98)

Government of Western Province v Congress of South African Trade Union and Another (C162/98) [1998] ZALC 11 (8 May 1998)

Court

Labour Court

Case number

C162/98

Judge

Mlambo

The Labour Court held that COSATU’s proposed protest action fell within section 77 of the LRA and could proceed, dismissing the interdict application with costs.

• Protest Action
• Socio Economic Interests
• Section 77 Lra
• Right To Strike
• Limitation Of Rights
• Protest-action