Horn v LA Health Medical Scheme (CCT97/14) [2015] ZACC 13 (14 May 2015) per Nkabinde J for the majority and Zondo J for the minority, concurring.

The Constitutional Court disallowed the appeal as it lacked the necessary jurisdiction and held that leave to appeal had been granted earlier on a misrepresentation, being the purported right to a fair hearing.  The majority decided that no constitutional issue was raised in the matter and upheld the judgment of Wallis JA in the SCA. The minority judgment suggested that the determination of the matter required the interpretation and application of s 197 of the LRA.  But the majority pointed out that the nature and effect of the business transfer was a non-issue and that it did not dispose of the key question and ought not to have been considered.