Essential services case before Appeals Court

Isaiah Morewagae | Wednesday January 8, 2014 15:58

 

Government is appealing justice Dr Key Dingake's judgment against government's decision to enlist teachers, veterinary services and diamond sorters as essential in the aftermath of the 2011 industrial action.

Two years ago, Justice Dingake found no merit in the decision of the Minister of Labour and Home Affairs Peter Siele to classifying the stated professionals as essential workers.

He ruled that the decision was unconstitutional.

In his judgment, Dingake said applicants in the matter had a legitimate expectation that the law that existed before the government came up with new legislation seeking to classify them as essential workers would not have been changed to their disadvantage; thus taking away their members' right to strike without being afforded the opportunity to be heard.

He also said that the labour convention to which the country is signatory has been interpreted by ILO committee of experts and eminent jurists all over the world as requiring that the classification of essential services ' be limited to those services the interruptions of which would endanger the life, health, or personal safety of or the whole nation'.

He further said that he agreed that the specified workers do not meet the definition of essential services under international law, adding that 'the executive, in failing to afford the workers an opportunity to be heard, offended against the duty to act fairly with respect to workers' legitimate expectations'.

However, the government through Attorney General's office is appealing the decision in the January session of the Court of Appeal that runs from January 10th to February 6th.

This session, presided over by nine Court of Appeal judges including its president Ian Kirby, justices Dr Seth Twum, John Foxcroft, Elijah Legwaila, Isaac Lesetedi, Steve Gaongalelwe and Lords Alistair Abernethy and Arthur Hamilton, will also hear about 20 criminal cases and 28 civil suits.