Manana v Swaziland Building Society (35 of 2019) [2020] SZSC 17 (5 June 2020)

Case summary

Appeal against a Review by High Court of a Judgment by the Industrial Court. Competency of jurisdiction challenged. Held that existing grounds of review per case law precedents are outdated Supreme Court enjoyned to depart from stare decisis and expand permissible grounds of review under common law grounds, which is not static. Development and adaptation of law to meet changing needs in jurisprudence. Departure from decision in Takhona Dlamini v President of the Industrial Court and Nantex (Swazi/arid) (Pty) Ltd, Civil Appeal case No. 23/1997.Other grounds of appeal on the merits also dismissed. Appeal dismissed, with costs.

---