Cagwe and Others v MEC for the Department of Social Development- Eastern Cape Province (436/2020) [2020] ZAECBHC 18 (8 September 2020)

Cagwe and Others v MEC for the Department of Social Development- Eastern Cape Province (436/2020) [2020] ZAECBHC 18 (8 September 2020)

The court found that the applicants had established a prima facie right to interim relief. They were instructed to work from home due to hazardous office conditions and were not provided with an alternative workplace until 27 July 2020. The respondent failed to afford the applicants an opportunity to be heard before implementing salary deductions, violating both statutory and contractual requirements. The deductions were made without written agreement or legal authority, contrary to section 34(1) of the Basic Conditions of Employment Act. The applicants demonstrated irreparable harm due to substantial monthly deductions, and the balance of convenience favoured granting interim relief. No...

Citation
[2020] ZAECBHC 18
Parties
Applicant: Lizo Cagwe; Applicant: Yoliswa Priscilla Montsi; Applicant: Thozama Pamella Lwana; Applicant: Nolundi Oscarine Mtsi; Applicant: Monde Justice Danster; Applicant: Sikelelwa Sindiswa Mkondweni; Applicant: Nomagcisa Gobeni; Applicant: Simphiwe Nkatsha; Applicant: Tamara Nohlaka; Applicant: Thanduxolo Zimba; Applicant: Nozibele Lovejoy Nkatsha; Applicant: Mxhosunzima Collin Ntlama; Applicant: Nkosinathi Gceya; Applicant: Nwabisa Qwabe; Applicant: Lulama Mpongoshe; Applicant: Thandeka Yvonne Rwexu; Applicant: Nomantande Ngqele; Applicant: Noluvuyo Joyce Mekuto; Applicant: Sithembela Nyambali; Applicant: Nosipho Nkalitshana; Respondent: MEC for the Department of Social Development – Eastern Cape Province
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
8 September 2020
Case Number
436/2020
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Interim interdict granted in favour of applicants; respondent interdicted from making salary deductions pending review.
Judges
M.J. Lowe
Legal Topics
Unlawful Salary Deduction, Audi Alteram Partem, Interim Interdict, Basic Conditions of Employment Act, Urgency, Review of Administrative Action
Labour Law Administrative Law Unlawful Salary Deduction Audi Alteram Partem Interim Interdict Basic Conditions of Employment Act Urgency Review of Administrative Action

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Parties

Lizo Cagwe

Applicant

Yoliswa Priscilla Montsi

Applicant

Thozama Pamella Lwana

Applicant

Nolundi Oscarine Mtsi

Applicant

Monde Justice Danster

Applicant

Sikelelwa Sindiswa Mkondweni

Applicant

Nomagcisa Gobeni

Applicant

Simphiwe Nkatsha

Applicant

Tamara Nohlaka

Applicant

Thanduxolo Zimba

Applicant

Nozibele Lovejoy Nkatsha

Applicant

Mxhosunzima Collin Ntlama

Applicant

Nkosinathi Gceya

Applicant

Nwabisa Qwabe

Applicant

Lulama Mpongoshe

Applicant

Thandeka Yvonne Rwexu

Applicant

Nomantande Ngqele

Applicant

Noluvuyo Joyce Mekuto

Applicant

Sithembela Nyambali

Applicant

Nosipho Nkalitshana

Applicant

MEC for the Department of Social Development – Eastern Cape Province

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the respondent's decision to treat applicants as on leave between 18 May and 20 June 2020 was lawful.
  2. 2 Whether the deductions from applicants' salaries were lawful and procedurally fair.
  3. 3 Whether applicants established the requirements for interim interdict relief pending review proceedings.

Ratio Decidendi

The court found that the applicants had established a prima facie right to interim relief. They were instructed to work from home due to hazardous office conditions and were not provided with an alternative workplace until 27 July 2020. The respondent failed to afford the applicants an opportunity to be heard before implementing salary deductions, violating both statutory and contractual requirements. The deductions were made without written agreement or legal authority, contrary to section 34(1) of the Basic Conditions of Employment Act. The applicants demonstrated irreparable harm due to substantial monthly deductions, and the balance of convenience favoured granting interim relief. No...

Court Disposition

Interim interdict granted in favour of applicants; respondent interdicted from making salary deductions pending review.

Orders

  • Applicants' non-compliance with Uniform Rules of Court is condoned and leave is granted to proceed as a matter of urgency.
  • Respondent is interdicted and restrained from making deductions from applicants' salaries pending the determination of review proceedings; respondent is directed to deactivate and stop such deductions forthwith.