South Africa Case Law

National Bargaining Council for the Clothing Manufacturing Industry (KZN Chamber) v Glamour Fashions Worker Primary Co-Operative Limited and Others (DA04/2017)

National Bargaining Council for the Clothing Manufacturing Industry (KZN Chamber) v Glamour Fashions Worker Primary Co-Operative Limited and Others (DA04/2017) [2018] ZALAC 10; (2018) 39 ILJ 1737 (LAC); [2018] 9 BLLR 876 (LAC) (15 May 2018)

Court

Labour Appeal Court

Case number

DA04/2017

Judges

Musi JA, Hlophe AJA, Savage AJA

The Labour Appeal Court dismissed an appeal seeking declaratory relief over worker co-operatives and the Labour Relations Act, finding no actual statutory conflict.

• Employee Definition
• Co Operatives Act
• Declaratory Relief
• Statutory Conflict
• Labour Relations Act
• Employee-definition

Baartman v S (A391/2010)

Baartman v S (A391/2010) [2010] ZAWCHC 217; 2011 (2) SACR 79 (WCC) (5 November 2010)

Court

Western Cape High Court, Cape Town

Case number

A391/2010

Judges

D M Davis, M Donen

The court held that the Magistrate erred in applying the mandatory minimum sentence provisions of section 51(2)(a)(i) of the Criminal Law Amendment Act to the appellant's conviction under the Firearms Control Act. The Firearms Control Act, which came into force after the Amendment Act, prescribes a comprehensive regulatory and sentencing regime for firearms offences, including a maximum sentence of fifteen years for unlawful possession of a semi-automatic firearm. The Amendment Act's minimum sentence provisions cannot be harmonized with the Firearms Control Act, as the latter differentiates b…

Source excerpt

• Firearms Control Act
• Mandatory Minimum Sentences
• Sentencing Discretion
• Statutory Interpretation
• Constitution Section 35
• Statutory Conflict

IMATU and Others v Greater Johannesburg Metropolitan Council and Others (J3150/2000)

IMATU and Others v Greater Johannesburg Metropolitan Council and Others (J3150/2000) [2000] ZALC 74 (10 August 2000)

Court

Labour Court

Case number

J3150/2000

Judge

B M Jammy

The Labour Court held that employees’ contracts transferred automatically under section 197 of the LRA when the businesses were sold as going concerns, so no consent was required.

• Transfer Of Employment
• Municipal Restructuring
• Statutory Conflict
• Consent Requirement
• Automatic Transfer
• Costs Order