Motor Industry Staff Association v Macun NO (20819/2014) [2015] ZASCA 190 (30 November 2015) per Navsa JA (Lewis, Pillay, Petse & Dambuza JJA concurring):

The Supreme Court of Appeal disallowed the appeal and held that the Labour Courts have exclusive jurisdiction to decide on the validity of extending bargaining council agreements to non-parties.  The staff association, a registered trade union, submitted that it was never agreed in the bargaining council to ‘revive’ and ‘resurrect’ the lapsed collective agreement, and for that reason alone the Minister of Labour could not extend anything in terms of s 32(6) of the LRA.  It was also held that it is unhelpful to contrast  the word ‘may’ in the introductory part of s 158 with the word ‘are’ in the latter part of s 157 of the LRA in order to determine the question of jurisdiction.  ‘The powers and functions of the Labour Court set out in s 158 of the LRA may, depending on the power, be exercised both in respect of its exclusive jurisdiction, as provided for in s 157(1), or in respect of its concurrent jurisdiction with the high court, as provided for in s 157(2)’.