oa Comparative and International Law Journal of Southern Africa - The sources of labour law and the jurisdictional limitations of the Zambian Industrial Relations Court



The Industrial Relations Act (IRA) was enacted at the end of 1971 to provide for inter alia the establishment of an Industrial Relations Court (IRC) for the first time in the labour relations history of the country. No one seems to have bothered to inquire into the constitutional status of the IRC to try and determine its constitutionality. This, it appears, has been taken for granted by the Zambian society and its government. In this article, the author demonstrates that from the legal point of view the creation or establishment of the IRC with its present jurisdiction was unconstitutional and therefore, illegal. The author argues primarily to show that the IRC is not a "court" in the sense that this term is known to lawyers and the legal profession; and also that Part (X) of the IRA is ultra vires the Zambian constitution.


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