The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
This was an appeal against the decision of the High Court to decline jurisdiction to determine an issue of wrongful termination and compensation thereof.
The court interpreted the provisions of the Labour Act to differentiate the jurisdiction of the Commission from that of the High Court. The court applied the provisions of art 140 of the Constitution to the effect that the High Court has jurisdiction to enforce every right created by statute unless it is ousted in the Constitution. It was held that the previous court had the power to make the relevant award on the strength of the applicable law, terms of employment and evidence adduced before it. The fact that its jurisdiction is excluded in respect of other reliefs does not entitle the court to decline jurisdiction altogether. The court may hear the whole case but decline to grant the reliefs it is not competent to grant when it delivers its final judgment in the matter. Accordingly, the application was granted, the order of the High Court was set aside and an order was made for the High Court to assume its jurisdiction and determine the matter.