IRM1501 May /June 2024 Portfolio Examination
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1. Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC)
3-8
2. The basic methods of research AND benefits of conducting research 8-9
3. Global & Local Investment Advisors (Pty) Ltd v Fouche (71/2019 [2020]
ZASCA 8; 2021 (1) SA 371 SCA (18 March 2020) 9 - 12
4. African National Congress v Electoral Commission of South Africa and Others
(001/2024 EC) [2024] ZAEC 3 (26 March 2024) 12 – 19
5. Reference
2
, EXAM QUESTIONS
QUESTION 1
The Constitutional Court of South Africa in the case of Sidumo v Rustenburg
Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC) devised a new test to be
applied when determining the fairness of the dismissal. Discuss the case of Sidumo
in the prescribed format (facts, legal question, reasons for the decision or ratio
decidendi and the findings of the case) and highlight the test that the Constitutional
Court designed in deciding on fairness in labour law matters.
On 5 October 2007 the Constitutional Court delivered judgment in the case of
Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC). The
judgment has been eagerly awaited by employers and employees. It is of special
significance to the Commission for Conciliation, Mediation and Arbitration (the
CCMA) and to the Congress of South African Trade Unions (COSATU), which had
applied to intervene.
Facts of the case
The case involved the dismissal, more than seven years ago, of Mr Sidumo by
Rustenburg Platinum Mines. Mr Sidumo was employed to patrol the Mine‟s high
security facility where precious metals are separated from lower grade concentrate.
He was dismissed for failing to apply established search procedures.1 He contested
his dismissal2 and referred his dismissal dispute to the CCMA in terms of the
compulsory arbitration provisions of the Labour Relations Act (the LRA). The
commissioner found that Mr Sidumo was guilty of misconduct but found that no
dishonesty was involved and took into account his clean service record of 15 years
1
Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC) para 6.
2
Sidumo v Rustenburg Platinum Mines Ltd & Others para 3.
3
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