PART IV
MISCELLANEOUS PROVISIONS
69. Jurisdiction of Labour Court in respect of applications for
review---(1) If any person wishes to apply for review under Part I of
the Judicature Amendment Act 1972, or bring proceedings seeking a writ
or order of, or in the nature of mandamus, prohibition, or certiorari,
or a declaration or injunction, in relation to the exercise, refusal, or
proposed or purported exercise by the Arbitration Commission or the
Employment Equity Commission or the Employment Equity Commissioner of a
statutory power or statutory power of decision (as defined in section 3
of the Judicature Amendment Act 1972) conferred by or under this Act,
then, subject to subsections (2) and (3) of this section, the provisions
of subsections (3) to (6) of section 280 of the Labour Relations Act
1987 shall apply with the necessary modifications.
(2) No decision or order or act of the Employment Equity Commissioner
under Part III of this Act shall, except on the ground of lack of
jurisdiction or on the ground that no reasonable Commissioner could have
made or done it, be removable to any Court by certiorari or otherwise or
be liable to be challenged, appealed against, reviewed, quashed, or
called in question in any Court.
(3) For the purposes of subsection (2) of this section, the Employment
Equity Commissioner suffers from lack of jurisdiction only where---
(a) In the narrow and original sense of the term jurisdiction, the
Commissioner has no entitlement to do the thing in question; or
(b) The decision, order, or act is outside the classes of decisions,
orders, or acts which the Commissioner is authorised to make; or
(c) The Commissioner acts in bad faith.