CCMA certification of an award found to be ultra vires.
The Labour Court recently considered the effect of the amendments to the LRA and in particular the application of s143 and held that the certification of an award followed by its execution through the Sheriff is ultra vires. Accordingly, s143 does not give the CCMA with jurisdiction to issue writs of execution and as such these must still be issued by the Labour Court.
The two matters were MBS Transport CC vs CCMA and 3 Others J1807/15 (‘the MBS application’) and the other being Bheka Management Services vs Kekana and 2 Others J1706/15 (‘the Bheka application’).
The applicants approached the Labour Court on an urgent basis to stay the writs of execution, which the CCMA had certified, pending reviews of the CCMA awards.
The Labour Court considered the relevant provisions of the amendments to the LRA as contained in s143, and which read as follows:
In determining the matter, Phatshoane AJ made the following relevant observations:
The Labour Court held that the CCMA did not have the statutory authority to issue writs and furthermore that the certification of an award followed by its execution through the Sheriff is in fact ultra vires.
Accordingly, s143 does not give the CCMA with jurisdiction to issue writs of execution and as such these must still be issued by the Labour Court. On this basis, there was no reason to stay the writs issued by the CCMA as they were a nullity and fell to be set aside.
No doubt, in light of these decisions the legislature will enact a further amendment to the LRA.
Bregman Moodley Attorneys Inc. 2015/089214/21
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