Workforce Group (Pty) Ltd v Motor Industry Bargaining Council (20076/2014) [2015] ZASCA 66 (15 May 2015) per Navsa ADP and Ponnan JA (Shongwe, Wallis and Zondi JJA concurring).
The Supreme Court of Appeal struck the appeal from the roll with costs. In terms of its inherent discretion to award costs a primary consideration is that the appellant is dominus litis (master of the suit) and it had initiated and continued with the appeal even after the statutory amendment had come into operation. The appellant was obliged to have reconsidered its position and failed to do. The Constitutional Court had already concluded that that there was no point in dealing with a repealed statute nor one that was about to be repealed. There was no clearer instance of an issue becoming academic and having no other interest but a historical one.