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in the constitutional court of south africa

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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CASE NO: 202/2018

In the matter between:

NATIONAL UNION OF METALWORKERS OF

SOUTH AFRICA OBO KHANYILE NGANEXI Applicant and

DUNLOP MIXING AND TECHNICAL

SERVICES (PTY) LTD First Respondent DUNLOP BELTING PRODUCTS (PTY) LTD Second Respondent DUNLOP INDUSTRIAL HOSE (PTY) LTD Third Respondent COMMISSION FOR CONCILIATION

MEDIATION & ARBITRATION Fourth Respondent COMMISSIONER ALMEIRO DEYZEL N.O. Fifth Respondent and

CASUAL WORKERS ADVICE OFFICE Amicus Curiae

AMICUS CURIAE’S SUPPLEMENTARY SUBMISSION

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1

1. The amicus respectfully requests leave to make the following supplementary submission:

An employer’s demand for information concerning misconduct committed by other employees is a demand in respect of a matter of mutual interest.

2. The amicus apologises for making this submission late. The written submissions were due very shortly after the amicus was admitted, and this legal point only occurred to counsel on Monday 25 February, during the course of working up the case.

SUZANNA HARVEY CHAMBERS, CAPE TOWN 26 FEBRUARY 2019

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