Constitution Seventeenth Amendment Act : thoughts on the jurisdictional overlap, the restoration of the Labour Appeal Court and the demotion of the Supreme Court of Appeal
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Date
Authors
Van Eck, B.P.S. (Stefan)
Mathiba, M.K.
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
Abstract
Since the inception of the Labour Courts in 1996 there have been
problems regarding the alignment of South Africa’s labour dispute resolution
institutions and the civil High Courts. The drafters of the post-constitutional Labour Relations Act (LRA) had the goal of instituting the ‘Labour Court and Labour Appeal
Court as superior courts, with exclusive jurisdiction to decide matters arising from the
Act’. As part of the plan, the Labour Appeal Court (LAC) was envisioned to be the
court of final appeal in respect of appeals from the Labour Court.
Description
Keywords
Jurisdictional overlap, Constitution Seventeenth Amendment Act, Labour Relations Act (LRA), Labour Court, Labour Appeal Court (LAC), Supreme Court of Appeal
Sustainable Development Goals
Citation
Van Eck, BPS & Matiba, MK 2014, 'Constitution Seventeenth Amendment Act : thoughts on the jurisdictional overlap, the restoration of the Labour Appeal Court and the demotion of the Supreme Court of Appeal', Industrial Law Journal, vol. 35, pp. 863-879.