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Constitutional Court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. The Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. (Banner image credit: By André-Pierre from Stellenbosch, South Africa.)

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Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017

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https://www.concourt.org.za/

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1 judgment

Citation	Judgment date
November 2007
Chirwa v Transnet Limited and Others [2007] ZACC 23 (28 November 2007) Reported The applicant’s dismissal was not administrative action; LRA procedures and Labour Court remedies are the proper route. Labour law – jurisdiction – s157(1) and (2) LRA – scope of Labour Court exclusivity; Administrative law – PAJA – when a dismissal by a state organ/business unit is administrative action; CCMA/arbitration – employee must ordinarily pursue LRA dispute-resolution mechanisms; Constitutional interplay – read LRA and PAJA in light of s210 LRA and s33 and s23 of the Constitution.	28 November 2007

Citation

Judgment date

November 2007

Chirwa v Transnet Limited and Others [2007] ZACC 23 (28 November 2007)

Reported

The applicant’s dismissal was not administrative action; LRA procedures and Labour Court remedies are the proper route.

Labour law – jurisdiction – s157(1) and (2) LRA – scope of Labour Court exclusivity; Administrative law – PAJA – when a dismissal by a state organ/business unit is administrative action; CCMA/arbitration – employee must ordinarily pursue LRA dispute-resolution mechanisms; Constitutional interplay – read LRA and PAJA in light of s210 LRA and s33 and s23 of the Constitution.

28 November 2007