Courtesy of Saflii it is possible to provide free links to three recent judgments of the Supreme Court of Appeal, including the summaries provided in the judgments themselves.
Transman (Pty) Ltd v South African Post Office Ltd (SCA) 28.09.2012 per Southwood AJA
Statute: BCEA: interpretation of ‘fee’ and ‘allowance for benefits’
Disallowed appeal – contract to render a service – part of remuneration provision vague but sought to be enforced – whether can be implied that reasonable allowance payable – evidence not establishing that the claim was calculated according to an industry norm or method – or otherwise reasonable – procedure – parties re-defining (at the pre-trial conference and elsewhere), the issues to be decided – acceptable procedure in the circumstances
Judicial Service Commission v Cape Bar Council (SCA) 14.09.2012 per Brand JA
Statute: PAJA: s 1(gg); Constitution: s 172(1), 174(1) & (2), 174(4)(a), 174(6), 178(1), 178(6), 178(7), 195, 239(b) & JSC Act: s 2(1) & 2(2)
Disallowed appeal – absence of President of the SCA from meeting of the JSC – his deputy not invited – JSC not properly constituted – decisions at meeting consequently invalid – failure by the JSC to observe obligation to give reasons for decision not to recommend any candidate for appointment to existing vacancies – prima facie inference that decision was irrational not rebutted.
Minister of Public Service and Administration v Ngwenya (SCA) 29.08.2012 per Wallis JA
Statute: LRA: s 214; Public Service Act s 3(4)(b); Children’s Act 38/2005 s 22
Allowed appeal – resolution of the Public Service Bargaining Council and Public Service Dispensation Determination – interpretation – jurisdiction of high court – power of court to order amendment of collective bargaining agreement and consequent determination.