Nedbank Swaziland And Others v Nkambule And Others (70 of 2020) [2023] SZSC 4 (27 February 2023)

Case summary

Civil Law and Procedure - Order granted by consent for  the consolidation of various matters pending before this Court in its Appellate and/or Review jurisdictions - The common denominator among the matters is the question whether the Superior Court's judicature of eSwatini have jurisdiction to entertain labour related matters vis-a-vis the dictum to the contrary pronounced by the Supreme Court exercising its review jurisdiction in the matter of Caslibuild Swaziland (Pty) Ltd vs Thembi Penelope Magagula Case No.26B/2020 SZSC 31(09/12/2021) (Cashbuild Swaziland) - Held that the dictum of the Supreme Court in the Cashbuild Swaziland judgment calls for review and correction - Held that the Constitutionality of Section 19(5) of the IRA was not properly raised and did not fall for adjudication by the Supreme Court on review - Held that the judgment of the Supreme Court on review is hereby reviewed and set aside save for the order as to costs - Held that the High Court and by extension the supreme Court have powers to review decisions, rulings, orders and judgments of the Industrial Court, CMAC, and labour arbitration Tribunals. - Held that the parties to these proceedings and other parties whose matters were held in abeyance pending the outcome of this matter are now at liberty to pursue same in accordance with the applicable rules. - Held that no order as cost is made.

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