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.