Abstract:
In Part 1 of this article the reasons for the establishment of specialist labour courts
were explored, and the stages of development of the former industrial, and present
labour courts were considered. However, as already pointed out, the drafters of the
Constitution and the Labour Relations Act of 1995 (the “LRA”) had different goals in
mind when creating the overall scheme of the courts respectively responsible for the
adjudication of civil and constitutional matters and those in relation to labour matters.
Ultimately, this prepared fertile ground for the superior courts to clash over the
ultimate power to consider appeals in labour matters. Part 2 of this article explores
the development of jurisprudence after the inception of the Constitution, which
illustrates the gradual erosion of the Labour Appeal Court’s status in labour-related
matters to the point where there is no logical reason for its continued existence.
