Labour Court May Be Unconstitutional
You read that headline right. The entire current labour court system may be ruled unconstitutional. It seems that the manner in which judges are appointed to the labour court, specifcally the input of NEDLAC and the fact that unlike other judges labour court judges only receive their assignments for 10 years, intereferes with the independence of the judiciary.
The issue of labour has always been a delicate issue in South Africa. Which is why there should be some concern that every single judgement passed in the labour court is now in question and could be legally challenged throwing the labour courts into complete chaos. While I’m sure that the Justice Dept and the Constitutional Court won’t allow every ruling to be challenged the uncertainty this creates can not be good, for workers and for business.
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