THE HIGH COURT OF SWAZILAND

Review of Industrial Court proceedings

Swaziland Manufacturing and Allied Workers Union

Applicant

v

Swaziland Bottling Company

Respondent

Civ. Case No. 2982/98

Coram S.W. Sapire, CJ

For Applicant

For Respondent

JUDGMENT

My attention has been drawn to this long outstanding judgment. I must express my apologies for the delay in its delivery.

The application is for the review correction and setting aside of a decision of the Industrial Court.

The Industrial Relations Acts provides that a decision or order of that court shall, at the request of any interested party be subject to review by the High Court on grounds recognised at Common Law..

Although a number of technical objections to the application have been made, I decide the matter solely by examining whether this is a proper case for review. Because of my conclusion it is not necessary to deal the technical points and objections nor with the merits of the decision of the Industrial Court.

The principle which should guide a superior court in exercising review powers under the common law were set out by Bristow J in African Reality Trust Limited vs Johannesburg Municipality[1]

“...once a decision has been honestly and fairly arrived at upon a point which lies within the discretion of the body or person who has decided it then the court has no function whatsoever.”

The present case President of the Industrial Court has made a decision in law.

Section 11(1) of the Industrial Relations Act provides that there shall be a right of appeal against the decision of the Industrial Court on a question of Law to the Industrial Court of Appeal. It is to that court which the Applicant should have directed itself for the relief it seeks. This court cannot usurp the functions of the Industrial Appeal Court.

This court has therefore no function to review the decision. The review proceedings are misconceived and the application is accordingly dismissed with costs.

S.W. Sapire, CJ

[1] 1906 TS 908

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