The status of magistrates as employees in South Africa

dc.contributor.advisorVan Eck, B.P.S.en
dc.contributor.emailleanadiedericks@gmail.comen
dc.contributor.postgraduateDiedericks, Leana Roseline Ruwaydaen
dc.date.accessioned2016-09-26T07:00:09Z
dc.date.available2016-09-26T07:00:09Z
dc.date.created2016-09-02en
dc.date.issued2016en
dc.descriptionMini Dissertation (LLM)--University of Pretoria, 2016.en
dc.description.abstractMagistrates in South Africa play a very important role in the administration of justice. They carry out both judicial and administrative duties to ensure that law and order are maintained. Because of the vital judicial role that magistrates play it is imperative that there should be certainty regarding the appropriate remedies that are available to them should their constitutional right to fair labour practices be infringed in the performance of their duties. In this regard section 23 of the Constitution of the Republic of South Africa, 1996 affords everyone the right to fair labour practices. This right has been given effect to by the enactment of the Labour Relations Act 66 of 1995 (LRA), which affords the right to fair labour practices to employees only. Even though magistrates are not specifically excluded from the scope and ambit of the LRA, uncertainty still prevails in South African law regarding their entitlement to the remedies provided for by labour law. It has been suggested that magistrates cannot be employees in view of the fact that the Constitution requires the judiciary to be independent. This dissertation aims to establish whether magistrates could be categorised as employees in terms of the traditional tests used to establish employment. It furthermore seeks to establish whether the constitutional guarantee of an independent judiciary and the existence of an employment relationship are mutually exclusive.en_ZA
dc.description.availabilityUnrestricteden
dc.description.degreeLLMen
dc.description.departmentMercantile Lawen
dc.description.librariantm2016en
dc.identifier.citationDiedericks, LRR 2016, The status of magistrates as employees in South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/56994>en
dc.identifier.otherS2016en
dc.identifier.urihttp://hdl.handle.net/2263/56994
dc.language.isoenen
dc.publisherUniversity of Pretoriaen_ZA
dc.rights© 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.en
dc.subjectUCTDen
dc.subjectMagistrates (South Africa)en
dc.subjectAdministration of justiceen
dc.subjectJudiciary independenceen
dc.subjectRight to fair labour practiceen
dc.subject.otherLaw theses SDG-16en
dc.subject.otherSDG-16: Peace, justice and strong institutionsen
dc.titleThe status of magistrates as employees in South Africaen_ZA
dc.typeMini Dissertationen

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