Raymond Zondo’s lasting legacy on SA’s labour laws

As SA’s chief justice, Raymond Zondo’s duties went beyond the courtroom. He played a pivotal role in transitioning the government during challenging times and swore in new ministers.

His legacy is well-documented through his interviews at the Judicial Service Commission (JSC) and his tenure as chair of the Commission of Inquiry into State Capture, as well as interviews after his retirement.

We know his remarkable journey, from overcoming poverty to assuming the highest judicial office in the country, while maintaining humility and giving credit to those who contributed to his success.

Throughout his career, Zondo remained a fierce advocate for the rule of law and judicial independence.

As chief justice, his tenure was marked by his efforts to restore the integrity of the JSC, advocate for the financial independence of the judiciary and improve the performance of courts and judges.

His three-year detour as chair of the Zondo commission, undertaken at great personal sacrifice, is something for which we owe him immense gratitude.

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Zondo had a profound influence on labour law, spanning from his early days as a labour lawyer in the then Natal, in the old Industrial Court, and then Labour Appeal Court, through to his involvement in the drafting of the 1995 Labour Relations Act, to his tenure as judge president of the Labour Appeal Court and his continued contributions at the Constitutional Court.

His involvement in the drafting of the 1995 Labour Relations Act was a critical milestone in his career, cementing his reputation as a leader in the field.

His tenure as judge president of the Labour Appeal Court was particularly influential, as he presided over some of the most important labour law cases.

The earliest reported labour law judgment involving Zondo dates back to 1987, when he was a practising attorney. In the case of FAWU v BB Bread, the employer’s disciplinary code reflected the stark realities of the labour landscape at the time.

The case highlighted the lack of protection for workers, such as allowing just half-an-hour’s notice for employees to prepare for a disciplinary hearing.

Through cases like these, Zondo helped shape fairness in the workplace.

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During his years as a lawyer, he was also involved in several notable “hotel” cases involving the Black Allied Workers Union, such as those related to the Palm Beach Hotel, Edward Hotel, and Blue Waters Hotel.

These cases played a crucial role in the evolving debates around fairness in the context of strikes and retrenchments.

Even though these issues remain unresolved today, Zondo’s early work laid the groundwork for ongoing discussions.

His appointment to the Labour Court in 1997, marked the beginning of his judicial journey. As one of the architects of the 1995 LRA, he was now tasked with interpreting and applying the law he had helped create.

Cases such as Tiger Wheels Babelegi, Transportation Motor Spares on strike notices and Waverley Blankets on Section 197 transfers have become landmarks in SA labour law.

Zondo’s time at the Labour Appeal Court was particularly prolific. His judgments in cases like Driveline Technologies, Steve’s Spar Blackheath, Karras (Floraline), and Mzeku v Volkswagen are still cited.

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At the Constitutional Court, Zondo continued to make substantial contributions to labour law. Some of his most important labour law judgments include the affirmative action ruling in correctional services.

He also influenced labour law even in cases not directly related to it. For example, his judgment in Prince – which legalised the private cultivation and use of cannabis – was recently cited in the Labour Appeal Court’s Enever decision to support a finding of automatically unfair dismissal for cannabis use.

This is the story of a jurist who approached every case with an unwavering commitment to fairness and the rule of law.

His judgments reflect not only his concern for the internal consistency of labour law but also its alignment with other branches of law.

He challenged the legal community to think critically about the principles that underpin our labour law system.