TENDAI MUKURUVA versus HONOURABLE MS E MAGANYANI (ARBITRATOR) and SPORTS & RECREATION COMMISSION

Key Issues

• {"issue_text":"Whether this court has jurisdiction to entertain application for declaratory relief in labour matter","issue_type":"procedural","dispositive":"no","related_facts":"Labour dispute, declaratory relief sought"}
• {"issue_text":"Whether applicant failed to challenge arbitrator appointment within 15-day time limit under Article 13(2) of Arbitration Act","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant became aware of arbitrator status in April 2015, wrote letter on 7 May 2015, filed application on 12 June 2015"}
• {"issue_text":"Whether appointing authority should have been joined as party","issue_type":"procedural","dispositive":"no","related_facts":"Principal Labour Officer appointed arbitrator"}
• {"issue_text":"Whether application should be treated as review rather than declaratory relief","issue_type":"procedural","dispositive":"no","related_facts":"Challenge to arbitrator appointment and bias allegations"}

Background