Apollis and Others v General Industries Workers Union of South Africa (J 423/15) [2015] ZALCJHB 93 (13 March 2015)

Apollis and Others v General Industries Workers Union of South Africa (J 423/15) [2015] ZALCJHB 93 (13 March 2015)

The court found that the urgency claimed by the applicants was self-created, as they themselves instructed the bank to freeze the branch account, which led to the dysfunction of the branch. The lack of a substantive explanation for the abridged notice period and the contradictory submissions regarding urgency undermined the applicants' case. As a result, the court declined to hear the merits of the application and struck the matter off the roll for lack of urgency.

Citation
[2015] ZALCJHB 93
Parties
Applicant: John Apollis; Applicant: Arthur Mputhi; Applicant: Nomsa Khumbula; Respondent: General Industries Workers Union of South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2015
Case Number
J 423/15
Procedural Posture
Urgent Application / Application for Final Relief on Urgent Roll
Outcome
Application struck off the roll for lack of urgency.
Judges
Rabkin-Naicker
Legal Topics
Trade Union Constitution, Disciplinary Procedure, Urgent Interdict, Branch Funds Control
Labour Law Civil Procedure Trade Union Constitution Disciplinary Procedure Urgent Interdict Branch Funds Control

Case Brief

Summary, issues, holding and outcome

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Parties

John Apollis

Applicant

Arthur Mputhi

Applicant

Nomsa Khumbula

Applicant

General Industries Workers Union of South Africa

Respondent

Procedural Posture

Urgent Application / Application for Final Relief on Urgent Roll

Legal Issues

  1. 1 Whether the disciplinary action taken against the applicants was competent in terms of the union's constitution.
  2. 2 Whether the removal and banning of the applicants from office was valid.
  3. 3 Whether the NOBC had authority to act as signatories to the Wits branch bank account.

Ratio Decidendi

The court found that the urgency claimed by the applicants was self-created, as they themselves instructed the bank to freeze the branch account, which led to the dysfunction of the branch. The lack of a substantive explanation for the abridged notice period and the contradictory submissions regarding urgency undermined the applicants' case. As a result, the court declined to hear the merits of the application and struck the matter off the roll for lack of urgency.

Court Disposition

Application struck off the roll for lack of urgency.

Orders

  • The application is struck off the roll.