disciplinary hearing as well as to review and set aside the chairperson’s ruling dated 27 th July 2020. The prayer that is relevant to these proceedings is in the form of a declarator and, verbatim, it is as follows: “The disciplinary charge faced by me does not disclose any misconduct in respect of my employment, such conduct even if proven would constitute an exercise of my constitutional rights to freedom of thought and/or conscience and/or expression.” [5] While the application was pending before the Industrial Court the applicant then moved another application before the same court, in terms of Section 35(3) of the Constitution, to have the matter referred to the High Court for determination of the declarator, on the basis that the declarator being sought raises constitutional issues. Section 35 (3) is in the following terms: “If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of this chapter, the person presiding in that court may, and shall where a party to the proceedings so requests, stay the proceedings and refer the question to the High Court unless, in the 6

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