24.2. Section 73(2) places no obligation upon the plaintiff to refer the rectification issue to the Labour Commissioner and does not exclude the jurisdiction of the High Court; 24.3 Section 117(1)(d) of the Act does not apply to the matter, as a claim for rectification is not a declaratory order. The relief sought and the issues to be proven differ; 24.4 Rectification of the settlement agreement is a contractual claim to be instituted by way of action in the High Court. The legal question [25] The essential legal question is whether the High Court has jurisdiction over this claim. [26] The parties agree that the settlement agreement is a collective agreement envisaged in the Act. The parties disagree whether the the plaintiff is limited to seek relief before the Labour Commissioner or Labour Court by virtue of clause 6.3.1.3 of the Procedural Agreement, and sections 73, 84, 86 and 117 of the Act? [27] A negative answer will defeat the special plea. [28] A positive answer is required for the special plea to succeed. Jurisdiction Statutory Framework — Namibian Constitution [29] Article 78(1) judicial power shall be vested in the Courts of Namibia, which shall consist of: ‘The
24.2. Section 73(2) places no obligation upon the plaintiff to refer the rectification issue to the Labour Commissioner and does not exclude the jurisdiction of the High Court; 24.3 Section 117(1)(d) of the Act does not apply to the matter, as a claim for rectification is not a declaratory order. The relief sought and the issues to be proven differ; 24.4 Rectification of the settlement agreement is a contractual claim to be instituted by way of action in the High Court. The legal question [25] The essential legal question is whether the High Court has jurisdiction over this claim. [26] The parties agree that the settlement agreement is a collective agreement envisaged in the Act. The parties disagree whether the the plaintiff is limited to seek relief before the Labour Commissioner or Labour Court by virtue of clause 6.3.1.3 of the Procedural Agreement, and sections 73, 84, 86 and 117 of the Act? [27] A negative answer will defeat the special plea. [28] A positive answer is required for the special plea to succeed. Jurisdiction — Statutory Framework Namibian Constitution [29] Article 78(1) ‘The judicial power shall be vested in the Courts of Namibia, which shall consist of:
Mine%20Workers%20Union%20of%20Namibia%20v%20Rossing%20Uranium%20Limited%20(I%201313-2016)[2017]%20NAHCMD%2046%20(24%20February%202017).docx