THE LABOUR COURT AND LABOUR APPEAL COURT

The Labour Relations Act provides for the replacement of the Industrial Court with the Labour Court, which has the status of a Supreme Court.

Seat of the Labour Court

Section 156(2) of the Labour Relations Act, No. 66 of 1995 states that the Minister of Justice, acting on the advice of Nedlac, must determine the seat of the Labour Court. It was resolved by Nedlac on 26 January 1996 that the main seat of the Labour Court should be Johannesburg and that the court should also have seats in Cape Town, Port Elizabeth and Durban.

Appointment of the Judge President of Labour Courts

The Labour Relations Act provides for the appointment of a Judge President and Deputy Judge President of the Labour Courts by the President acting on the advice of Nedlac and the Judicial Services Commission and after consulting the Minister of Justice.

Nedlac agreed on 19 March 1996 to nominate Judge J.F. Myburgh as Judge President of the Labour Courts and Judge J.C. Froneman as Deputy Judge President. Judge Myburgh and Judge Froneman were subsequently appointed by the President.

Appointment of Labour Court judges and Labour Appeal Court judges

The Labour Relations Act provides for appointment of judges to the Labour Courts by the President acting upon the advice of Nedlac, the Judicial Services Commission, the Judge President of Labour Courts and the Minister of Justice.

Nedlac provided advice on the appointment of judges to the Labour Courts to the President in August 1996. The President made the following appointments:

Labour Appeal Court

• Judge E. Cameron
• Judge J.H. Conradie
• Judge C.R. Nicholson

Labour Court

• Professor D. Basson
• Advocate E. Revellas

Rules Board of Labour Courts

The Labour Relations Act provides for the establishment of a Rules Board of Labour Courts to make rules to regulate the conduct of proceedings in the Labour Court. The members of the Rules Board were nominated by Nedlac in May 1996 and appointed by the Minister of Justice. The members of the Rules Board of Labour Courts are:

• Advocate Paul Pretorius, a practising advocate.
• Mr Puke Masermule, a practising attorney.
• Mr Rob Lagrange, representing the interests of employees.
• Mr Andre van Niekerk, representing the interests of employers.
• Professor Adolph Landman, representing the interests of the state.