BOFEPUSU 3 - Govt 0

Judge President Ian Kirby’s judgment has reversed the decision by government to declare the professions of teachers, veterinary services, diamond sorters and transport services as essential service.  The sectors were declared essential by the decision of the Minister of Labour and Home Affairs Edwin Batshu in the aftermath of the 2011 industrial action.  The appeal concerns the extent to which, if at all, Parliament has the power to delegate its constitutionally conferred law-making function to third parties.