is not binding on the Constitutional Court or any member of the Court. On 17 May 2018 at 10h00, the Constitutional Court handed down judgment in an application for leave to appeal against an order of the Labour Appeal Court. Mr Bester, who is represented by the .

South Africa 1996 (4) SA 671 (CC), a case in which the Court decided that a victim's constitutional right to have a justiciable dispute settled by a court of law, or by another independent or impartial forum was qualified by the Postamble in South Africa's 1993 Interim Constitution.

The National Union of Mine Workers (NUM) is a South African trade union whose vision is to organise all "mine, construction and energy workers in South Africa." (15) NUM is the only recognised bargaining union by De Beers Consolidated Mines. (16) On the 20th of July 2011, NUM served De Beers Consolidated with a strike notice.

An employment law guide to employee rights in South Africa, covering hours of work, rest breaks and rest periods, Sunday work, holiday and holiday pay, maternity and pregnancy rights, parental and paternity leave, family responsibility leave, parttime workers, fixedterm workers, temporary agency workers, transfers of undertakings, insolvency of employer, disciplinary procedures, and data ...

Jul 26, 2018· Labour brokers have been dealt a major blow after the Constitutional Court ruled on Thursday that they were not dual employers when their clients absorbed contract workers .

The decision of the Constitutional Court. The Constitutional Court's decision rested primarily on a correct interpretation of section 198A of the LRA. As such, the court set out to interpret the provision textually, contextually and purposively.

South Africa, because it is a member of the ILO, ratified the said Conventions and more specifically granted every worker with a constitutionally entrenched right to strike. This is set out in section 23 of the Constitution of South Africa No 108 of 1996 (hereafter referred to as the Constitution1996).

Jan 22, 2015· The Constitution is the supreme law of South Africa; it "applies to all law, and binds the legislature, the executive, the judiciary and all organs of state". The Bill of Rights applies to all people: it is also supposed to protect those who break the law and who contravene what society finds acceptable.

#17 Constitution Hill, Johannesburg. (Image: Brand South Africa) Constitution Hill in Braamfontein, Johannesburg houses the highest court in the land – the Constitutional Court. But the history of the precinct is marred by pain and suffering. Before being transformed into the .

Section 22 of the South African Constitution guarantees every South African citizen the freedom of trade, occupation and profession. This implies that workers should be allowed to freely choose and practice their trade or profession. One may argue that prostitution can never be a trade of free choice.

Jul 15, 2019· When the tide of democracy and constitutionalism swept through labour legislation in South Africa from the early '90s onwards, domestic workers, for the first time, gained access to important labour rights. However, they remained excluded from two .

Additionally, NGOs and certain institutions created by the South African Constitution to protect human rights were empowered to litigate on behalf of others. To make the courts less intimidating, the legislation requires that cases be heard in an "expeditious and informal manner which facilitates and promotes participation by the parties," according to PEPUDA.

Oct 26, 2015· South Africa, a dictatorship of the minority. The minority white population lost nothing in 1994 and the majority seems now not to have even gained parliamentary power as the DA and others fight for dominance. This dominance is in employment, the economy, social matters, health and education and housing.

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 289/16 In the matter between: HELEN SUZMAN FOUNDATION Applicant and JUDICIAL SERVICE COMMISSION Respondent and THE TRUSTEES FOR THE TIME BEING OF THE BASIC RIGHTS FOUNDATION OF SOUTH AFRICA Amicus Curiae Neutral citation: Helen Suzman Foundation v Judicial Service Commission [2018] ZACC 8

In October 2006, a South African gold miner named Thembekile Mankayi sued AngloGold Ashanti, his former employer, stating that he developed the lung disease silicosis while working in Vaal Reefs mine. The lawsuit, filed in the Witwatersrand Local Division of the High Court of South Africa, sought million in compensatory damages.