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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter VII : Dispute Resolution

Part D : Labour Court

153. Appointment of judges of Labour Court

 

 

(1)
(a) The President, acting on the advice of NEDLAC and the Judicial Service Commission provided for in the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), (in this part and Part E called the Judicial Service Commission), and after consultation with the Minister of Justice must appoint a Judge President of the Labour Court.
(b) The President, acting on the advice of NEDLAC and the Judicial Service Commission, and after consultation with the Minister of Justice and the Judge President of the Labour Court must appoint the Deputy Judge President of the Labour Court.

 

(2) The Judge President and the Deputy Judge President of the Labour Court—
(a) must be judges of the Supreme Court; and
(b) must have knowledge, experience and expertise in labour law.

 

(3) The Deputy Judge President must act as Judge President of the Labour Court whenever the Judge President is unable to do so for any reason.

 

(4) The President, acting on the advice of NEDLAC and the Judicial Service Commission, and after consultation with the Minister of Justice and the Judge President of the Labour Court may appoint one or more persons who meet the requirements of subsection (6) as judges of the Labour Court.

 

(5) The Minister of Justice, after consultation with the Judge President of the Labour Court may, appoint one or more persons who meet the requirements of subsection (6) to serve as acting judges of the Labour Court for such a period as the Minister of Justice in each case may determine.

 

(6) A judge of the Labour Court must—
(a)
(i) be a judge of the High Court; or
(ii) be a person who is a legal practitioner; and
(b) have knowledge, experience and expertise in labour law.