n Stellenbosch Law Review = Stellenbosch Regstydskrif - : concurrent jurisdiction now settled law?
[Discussion of 2010 1 SA 238 (CC)]

Volume 23, Issue 1
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



This paper seeks to critically analyse 2010 1 SA 238 (CC). The central question which this paper seeks to answer, is where exactly has taken the law, with respect to the intersection between administrative law and labour law, which has been a subject of much debate. The two most critical questions that the article seeks to deal with relate, firstly, to the question of concurrent jurisdiction between the Labour Court and the High Court in relation to labour matters; and secondly, to whether the conduct of a public service employer towards an employee can amount to administrative action, a matter which had been dealt with in 2008 4 SA 365 (CC). , it will be contended, has managed to confirm and concretise the correct position laid out in that the conduct of a public service employer towards an employee does not necessarily amount to administrative action.

We will argue and demonstrate why we believe that has not taken the law further than with respect to concurrent jurisdiction. The paper will explain why will not be the last case to deal with the issue of concurrent jurisdiction and why the matter is not settled law yet. To this extent, section 157(2) of the Labour Relations Act 66 of 1995 will be analysed in the light of the Constitutional Court's interpretation of the particular section in and the minority views in the judgment. Proposals will be made on how to resolve the interpretative challenges which have resurfaced in .

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