Click to edit Master subtitle style 8/5/11 THE SUPERIOR COURTS BILL [B7-2011] CONSTITUTION 17th AMENDMENT [B ] Presentation to the Justice and Constitutional Development Portfolio Committee 3 August 2011 Presenters: Lee Padayachee & Chris Todd

8/5/11 55 Member Orgs. Background on BUSA Uni-sectoral Orgs. Chambers of Commerce & Industry Professional Bodies Corporate Associations 75% SA Business 22  Largest business confederation in SA  Sole business representative at NEDLAC  Represents big and small business  Rigorous internal consultation  Submissions fully mandated by members

8/5/1133 Introductory Remarks  Labour Court  Labour Appeals Court BUSA Submission  Labour Courts  Their presiding judges  Future of Labour Courts in the SA judicial system Nedlac Engagements

8/5/11 ` Comments limited to the proposed amendments to the Labour Relations Act (LRA) contained in Schedule 2, item 2 of the Bill (page 25) 44 Superior Courts Bill

8/5/11 BUSA supports the majority of proposed amendments relating to the Labour Courts: 55 BUSA supports the majority of proposed amendments relating to the Labour Courts: s154(1) LRAs154(2) LRAs154(3) LRAs154(4) LRAs154(5) LRAs154(7) LRAs154(9) LRAs154(10) LRAs170(4) LRAs170(5) LRA

8/5/11 Section 152(2) of the LRA “(2) The Labour Court is a superior court that has authority, inherent powers and standing, in relation to matters under its jurisdiction, equal to that which a court of a [provincial divisions] Division of the [Supreme Court] High Court of South Africa has in relation to matters under its jurisdiction.” 66 Superior Courts Bill

8/5/11 Section 152(2) of the LRA BUSA supports the amendment Jurisdiction over labour matters: s152(2) currently under discussion at NEDLAC as part of a package of labour law reviews Organised Labour: Labour Court should have sole jurisdiction on labour matters To date, High Court has had inherent jurisdiction over labour matters 77 Superior Courts Bill

8/5/11 Section 152(2) of the LRA RECOMMENDATION: The issue should remain at NEDLAC where social partners should put their effort into resolving it It may therefore be premature for Parliament to be seized with this matter at this time as... The matter will come again before Parliament as part of a package of proposed labour law amendments 88 Superior Courts Bill

8/5/11 Proposed Amendment to s168 Constitution Section 168 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection: ‘‘(3) (a) The Supreme Court of Appeal may decide appeals in any matter arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa, except where an Act of Parliament provides otherwise. (b) The Supreme Court of Appeal may decide only— (i) appeals; (ii) issues connected with appeals; and (iii) any other matter that may be referred to it in circumstances defined by an Act of Parliament.’’. 99 Constitution 17th Amendment

8/5/11 Proposed Amendment to s168 Constitution BUSA’S CONCERN IS THE SAME AS WRT S152(2): BUSA supports the proposed constitutional amendment Organised Labour is arguing at NEDLAC negotiations that the Labour Appeal Court should be the final court of appeal and the Supreme Court should have no jurisdiction to hear appeals from the Labour Court BUSA feels that this issue should remain at NEDLAC until a resolution is found among social partners, at which time the matter will come again before Parliament 1010 Constitution 17th Amendment

8/5/11 NEDLAC Meeting 22 June 2011: The DOJ provided information on the Superior Courts Bill and Constitution 17th Amendment DOJ to contract experts to study SA court framework, including Labour Courts DOJ undertook to bring the matter to NEDLAC should the study make recommendations on the future of the Labour Courts 1111 Concluding Remarks

8/5/11 Thank You 1212 BUSA thanks the Committee for the opportunity to provide input on these two Bills

Click to edit Master subtitle style 8/5/11 THE SUPERIOR COURTS BILL [B7-2011] CONSTITUTION 17th AMENDMENT [B ] Presentation to the Justice and Constitutional Development Portfolio Committee 3 August 2011 Presenters: Lee Padayachee & Chris Todd