Analysis of the test for review as set down in the Sidumo judgement.

Abstract

This research study focuses on the test for review as set down in the Sidumo & another v Rustenburg Platinum Mines Ltd &others (2007) BLLR 1097 (CC) (herein after referred to as Sidumo), judgement. An analysis of case law is undertaken in order to determine whether the test is now in decline. This is achieved by exploring the relevant case law and cases that were decided before the Sidumo case, particularly the Carephone (Pty) Ltd v Marcus and others (1998) 11 BLLR 1093 (LAC) (herein after referred to as Carephone)case. The Sidumo (CC) case is discussed in detail, as well as the recent judgements in Herholdt v Nedbank Ltd (701/2012)2013ZASCA (herein after referred to as Herholdt) and Goldfields Mining South Africa (Pty) Ltd (Kloof Gold Mine) v CCMA (JA 2/2012) 2013 ZALAC 28, 2014 1 BLLR (herein after referred to as Gold Fields Mining) The aim of this work is to explore whether employment justice for all might be better served were the relief against awards to take the form of an appeal rather than review.