Public Servants Association obo Ubogu v Head of Department Health Gauteng and Others; Head of Department of Health Gauteng and Another v Public Servants Association obo Ubogu

Case Number:
CCT06/17
Case Number:
CCT14/17
Citations:
[2017] ZACC 45
Citations:
2018 (2) BCLR 184 (CC)
Citations:
(2018) 39 ILJ 337 (CC)
Citations:
[2018] 2 BLLR 107 (CC)
Citations:
2018 (2) SA 365 (CC)
Judge:
Nkabinde ADCJ Majority judgment
Judge:
Jafta J dissenting judgment
Hearing Date:
18 May 2017
Judgment Date:
7 December 2017
Case History:
This is a judgment in two consolidated applications: one for confirmation of a declaration of constitutional invalidity made by the Johannesburg Labour Court in respect of section 38(2)(b)(i) of the Public Service Act 103 of 1994 (Act): Public Servants Association of South Africa obo Obogu v Head of Department: Department of Health Gauteng and Others (J2185/2016) [2016] ZALCJHB 544 (30 December 2016). The other application is for leave to appeal against that order.
Synopsis:
[Constitutional declaration of invalidity] — [section 38(2)(b)(ii) of Public Service Act] — [Labour Court jurisdiction] — [unilateral deductions of salary by state employer] — [conflation of constitutional remedies] — [unlawful limitation of section 34 of the Constitution]
Judgment:
Full judgment

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