[7] In conclusion much as a Constitution creates and confers various rights the very Constitution can create exceptions to those rights which may have a limiting effect on the enjoyment of these rights. This issue was firmly decided by our courts in Khanyakezwe Mhlanga (Supra). I am therefore of the view that the issue raised by the Applicant is contractual in nature and can be dealt with by the Industrial Court in terms of Section 8 of the Industrial Court Act. The Applicant’s case should therefore be dismissed and the matter be referred back to the Industrial so as to enable that court to determine the merits. __________________________ FAKUDZE J. For the Applicant: Mr. M. Sibandze For the Respondent: Mr. Z. Shabangu 29

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