Dispute Resolution
South Africa: Pretoria High Court declares lock-down
regulations unconstitutional and invalid
However, the state is about to appeal this judgment. In the
meantime, here is a commentary on Judge
Davis' High Court ruling - by Aslam Moosajee and Joshua Davis
(ENSafrica | Dispute Resolution).
South Africa: Issuing of process during alert level 3 of
lockdown
On 2 June 2020, the Minister of Justice and Correctional
Services issued directions to address, prevent and combat the
spread of the Coronavirus (COVID-19) in courts during alert level
3. The annexure to these directions amends the position regarding
the issuing of process. Most notably, the issuing of
all court process in civil matters is now
permitted. Aslam Moosajee and Vishana Makan (ENSafrica |
Dispute Resolution) provide more information.
South Africa: The DA brings application to test
constitutionality of the Disaster Management Act
The Democratic Alliance ("DA")
accepts that there are parts of the lockdown regulations that are
sensible and an appropriate response to COVID-19. However, it is
complaining about the lack of parliamentary oversight on how the
Minister of Co-operative Governance and Traditional Affairs is
using the legislation, and its main challenge is that the
concentration of power that section 27 of the Disaster Management
Act, 2002 places in the hands of the minister is unconstitutional.
The DA is also asking for direct access to the Constitutional Court
to hear its application. Aslam Moosajee and Shenaaz Munga
(ENSafrica | Dispute Resolution) explain further.
Employment
South Africa: Section 189 consultations in the context
of the COVID-19 pandemic
Food and Allied Workers Union ("FAWU")
recently launched an urgent Labour Court application under section
189A(13) of the Labour Relations Act, 1995. It alleged that, in
continuing section 189 consultation meetings via the Zoom
videoconferencing facility (notwithstanding FAWU's objections),
South African Breweries had acted in a procedurally unfair manner.
The Labour Court dismissed FAWU's application and, in doing so,
gave clear guidance as to what the "new normal" for
section 189 consultations looks like. Click here for a summary of the
judgment and a commentary by Brian Patterson and Shivani Moodley
(ENSafrica | Employment).
Mine and Occupational Health and Safety
South Africa: Consolidated COVID-19 direction on health
and safety in the workplace (for industries outside
mining)
This was issued on 4 June 2020 by the Minister of Employment and
Labour. The consolidated direction seeks to ensure, inter
alia, that the measures taken by employers under the
Occupational Health and Safety Act, 1993 are consistent with the
overall national strategies and policies to minimise the spread of
COVID-19. For more information, follow this link.
The South African Government is posting all legislative resources here.
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