SANDU V Minister Of Defence (other)
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SANDU V Minister Of Defence (other)
''SANDU v Minister of Defence'' may refer to either of two judgments by the Constitutional Court of South Africa: * SANDU v Minister of Defence (1999) * SANDU v Minister of Defence (2007) See also * South African labour law South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa. History The Native Labour Regulations Act 1911 prohibited strikes by trade unions, introduced wage ceilings an ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, 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 South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ...
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SANDU V Minister Of Defence (1999)
''South African National Defence Union v Minister of Defence & Another'', an important case in South African labour law, concerned the question of whether or not it was constitutional to prohibit members of the armed forces from participating in public protest action, and from joining trade unions. High Court Justice Hartzenburg, in the Transvaal High Court, declared that a provision of the Defence ActAct 44 of 1957. prohibiting members of the Defence Force from becoming members of a trade union, and from engaging in any “protest action” as defined in the Act, was unconstitutional. To have any force and effect, however, the declaration of invalidity had to be confirmed by the Constitutional Court. Constitutional Court The Minister of Defence and the Chief of the Defence Force (the respondents in this matter), opposed confirmation of the order of invalidity only in respect of the prohibition on joining trade unions. The South African Defence Force Union (the applicant) ac ...
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SANDU V Minister Of Defence (2007)
In ''South African National Defence Union v Minister of Defence and Others'', an important case in South African labour law, the Constitutional Court gave judgment on a series of disputes connected to collective bargaining that had arisen between the South African National Defence Union (SANDU) and the South African National Defence Force (SANDF). Background Since the 1999 judgment of the Constitution Court in '' SANDU v Minister of Defence'', the legislative framework constructed for collective bargaining in South Africa had taken force. High Court The application originated in five separate matters initiated by SANDU against the Minister of Defence in the Pretoria High Court between 2001 and 2003, which resulted in three separate High Court judgments: # The first of these judgments (SANDU I), written by Judge Johann van der Westhuizen, held that the SANDF was not obliged to bargain collectively with SANDU, and that SANDF’s withdrawal from negotiations with SANDU was reaso ...
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