IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CC CASE NO.: ___________
LAC CASE NO.: JA87/2015 LC CASE NO.: J636/2012
In the matter between:
POLICE AND PRISONS CIVIL RIGHTS UNION (POPCRU)
Applicant
and
SOUTH AFRICAN CORRECTIONAL
SERVICES WORKERS’ UNION (SACOSWU)
First Respondent
MINISTER OF CORRECTIONAL SERVICES N.O.
Second Respondent
LGP LEDWABA N.O. Third Respondent GENERAL PUBLIC SERVICE SECTORAL
BARGAINING COUNCIL
Fourth Respondent
___________________________________________________________
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
___________________________________________________________
TAKE NOTICE THAT the applicants hereby apply for an order in the following terms:
1. The Applicant is granted leave to appeal to this Court against the whole of the judgment and order of the Labour Appeal Court under case number JA87/2015, handed down on 31 May 2017.
2. The order and judgment of the Labour Appeal Court is set aside and replaced with an order in the following terms:
“1. Upholding the appeal with costs including the costs of two counsel.
2. Setting aside the order of the Labour Court and replacing it with the following:
2.1 The arbitration award of the Third Respondent, being arbitrator LGP Ledwaba dated 16 February 2012 in the arbitration proceedings between the Applicant and the First and Second Respondents, under case number GPBC1754/2011, is reviewed and set aside.
2.2 The arbitration award of the Third Respondent, being arbitrator LGP Ledwaba dated 16 February 2012 in the arbitration proceedings between the Applicant and the First and Second Respondents, under case number
GPBC1754/2011, is substituted and replaced with the following determination:
2.2.1 Declaring that the decision by the Department of Correctional Services to grant the First Respondent the rights mentioned in the Department of Correctional Services letter dated 5 November 2010 is invalid and unenforceable.
2.2.2 Declaring that SACOSWU is not entitled to exercise organisational rights in the Department of Correctional Services unless SACOSWU complies with the threshold of representativeness and is admitted to the Department Bargaining Council, as specified in resolution 7 of 2001 dated 8 November 2001, for as long as this resolution remains valid and binding.
2.2.3 Declaring that SACOSWU is not entitled to conclude a collective agreement with the Department of Correctional Services on organisational rights in terms of section 20 for as long as the Procedure
Manual as contained in resolution 3 of 2006 dated 23 February 2006 remains valid and binding.”
3. The costs of this application for leave to appeal shall be paid by the respondents, in the event of opposition by any of the respondents.
4. For such further or alternative relief as may be appropriate in the circumstances.
TAKE NOTICE FURTHER THAT the accompanying affidavit of GREGORY SIBUSISO MTSWENI together with the annexures thereto will be used in support of the relief claimed.
TAKE NOTICE FURTHER THAT the Applicant has appointed the address of their attorneys, whose details have been set out below, at which they will accept notice and service of all process in these proceedings.
TAKE NOTICE FURTHER THAT in accordance with Rule 19(4) of this Honourable Court’s Rules, the respondent may, within 10 (ten) days from the date upon which this application is delivered, respond thereto in writing, indicating whether or not the application for leave to appeal is being opposed, and if so, the grounds for such opposition, and appointing an
address at which she will accept notice and service of all documents in these proceedings.
SIGNED AT _______________ ON THE ____ DAY OF JUNE 2017.
__________________________
ALLARDYCE & PARTNERS Applicants’ Attorneys 3 Engling Road Sunninghill Cresent
Ground Floor Sunninghill P O Box 2266 Saxonworld Tel : 011 234 2125 Fax : 011 234 2133 Email : [email protected] Ref: Mr K Allardyce/P0005244 TO:
THE REGISTRAR OF THE ABOVE HONOURABLE COURT CONSTITUTION HILL
BRAAMFONTEIN JOHANNESBURG AND TO:
SOUTH AFRICAN CORRECTIONAL
SERVICES WORKERS’ UNION (SACOSWU)
First Respondent 29 Currie Street Quigney
East London
Tel : (043) 722 2410 Fax: (043 722 2410
Email: [email protected]
AND TO:
THE MINISTER OF CORRECTIONAL SERVICES Second Respondent
c/o The State Attorney SALU Building
255 Schoeman Street Tel: (012 309 1500 Fax: (012) 328 2662/3 AND TO:
LGP LEDWABA N.O.
Third Respondent GPSSBC
Lyttleton Office Village 260 Basden Street Lyttleton
Tel : (012) 644 8132
Fax: (012) 664 8749 Ref : GPBC 1754/2011
AND TO:
Received a copy hereof on this the
day of 2017.
_______________________________
For: Second Respondent
Received a copy hereof on this the
day of 2017.
_______________________________
For: First Respondent
Received a copy hereof on this the
day of 2017.
_______________________________
For: Third Respondent
GENERAL PUBLIC SERVICE SECTORAL BARGAINING COUNCIL
Fourth Respondent Lyttleton Office Village 260 Basden Street Lyttleton
Tel:(012) 644 8115
Fax: (012) 664 8992 Ref: GPBC 1754/2011
Received a copy hereof on this the
day of 2017.
_______________________________
For: Fourth Respondent
