Makhanya v University of Zululand

Professor Edward Mbuyiselo Makhanya was employed by the University of Zululand under a contract of employment. The University purported to terminate his employment allegedly in breach of the contract. Makhanya contended that he continued to tender his services notwithstanding the purported termination, but the University failed to pay his remuneration and contractual benefits. He instituted an action in the Durban High Court seeking to enforce the contract and compel payment. Prior to this, he had pursued an unfair dismissal claim under the Labour Relations Act 66 of 1995 (LRA) at the CCMA, which ultimately failed. The University raised special pleas contending that the High Court lacked jurisdiction because the dispute fell within the exclusive domain of the labour dispute resolution system.

The appeal was upheld with costs. The order of the High Court was set aside. Both special pleas were dismissed with costs, the action was postponed sine die for determination of the remaining issues, and the matter was remitted to the High Court.

This judgment is a leading authority on the demarcation of jurisdiction between the High Court and labour fora in South African employment law. It clarifies that employees may enforce common-law contractual rights in the High Court despite the existence or prior pursuit of remedies under the LRA. The case provides authoritative guidance on the proper interpretation of Chirwa v Transnet and reaffirms the doctrine of concurrent jurisdiction under the BCEA and LRA, preventing the erosion of High Court jurisdiction in employment matters.