By Mimmy Gondwe
It was an honour to have been asked by the Law Faculty at Stellenbosch University to pay tribute to the contribution of Justice Raymond Zondo, with particular focus on his remarkable influence in the realm of labour law.
Personally, the occasion held a special meaning as it was at Stellenbosch University that I completed my postgraduate studies in labour law. My academic journey began at a time that closely coincided with Justice Zondo’s elevation to the Labour Court and later to the Labour Appeal Court.
His judgments became an integral part of my studies. As South Africa’s Chief Justice, Justice Zondo’s duties went beyond the courtroom. He played a pivotal role in transitioning our government during challenging times and swore in new ministers. I feel privileged to have shared in some of those moments during his leadership.
Paying proper tribute to Justice Zondo in a brief span is a daunting task. Fortunately, his legacy is well documented through his interviews at the Judicial Service Commission (JSC) and his tenure as Chairperson of the Commission of Inquiry into State Capture. We know of him from the interviews he granted upon 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, Justice 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 State Capture Commission, undertaken at great personal sacrifice, is something for which we owe him immense gratitude.
It is not easy to encapsulate Chief Justice Zondo’s 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 (LRA), to his tenure as Judge President of the Labour Appeal Court, and his continued contributions at the Constitutional Court.
Justice Zondo’s labour law journey began in the Industrial Court and the Labour Appeal Court, where he represented clients in significant cases that shaped the trajectory of South Africa’s labour law. His involvement in the drafting of the 1995 Labour Relations Act was a critical milestone in his career, further 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 of the time. The earliest reported labour law judgment involving Justice 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 proper protections for workers, such as allowing just half an hour's notice for employees to prepare for a disciplinary hearing.
Through cases like these, Justice Zondo helped shape our understanding of fairness in the workplace. 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, Justice Zondo’s early work laid the groundwork for ongoing discussions. Justice Zondo’s 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.
Many of his early judgments remain relevant today. Cases such as Tiger Wheels Babelegi, Transportation Motor Spares on strike notices, and Waverley Blankets on Section 197 transfers have become landmarks in South African labour law. Justice 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 frequently cited. His work in these cases demonstrated his deep commitment to fairness and the rule of law, as well as his ability to navigate complex labour law disputes.
His judgments contributed significantly to the development of substantive labour law principles and the improvement of South Africa’s dispute resolution mechanisms.
Upon his elevation to the Constitutional Court, Justice Zondo continued to make substantial contributions to labour law. Some of his most important labour law judgments include the Steenkamp decision, which dealt with the dismissal of employees in the context of operational requirements, and the affirmative action ruling in Correctional Services.
He also played a key role in the Lotteries Board case, which concerned automatically unfair dismissals. In several instances, Justice Zondo penned separate judgments to express his unique perspective, such as in the cases of September, SACOSWU, and Rural Maintenance.
It is also worth mentioning that Justice Zondo 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 overview of Justice Zondo’s career in labour law tells 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 and the broader constitutional project.
He engaged with the legal community, challenging us to think critically about the principles that underpin our labour law system.
On behalf of the labour law community, of which I count myself as a member, I express our deepest gratitude for Justice Zondo’s lifelong contributions to this field. His work will continue to inspire and shape our understanding of fairness in the workplace for generations to come. In Justice Zondo we have had the truest embodiment of a champion of justice and fairness. For that, we as a country are eternally grateful.
* Dr Gondwe is Deputy Minister of Higher Education and Training. She holds a Masters and PhD in Mercantile Law from Stellenbosch University.
The Mercury