CEPPWAWU and Another v Zako and Another (PA04/23) [2024] ZALAC 43; [2024] 12 BLLR 1244 (LAC); (2025) 46 ILJ 305 (LAC) (26 September 2024)

CEPPWAWU and Another v Zako and Another (PA04/23) [2024] ZALAC 43; [2024] 12 BLLR 1244 (LAC); (2025) 46 ILJ 305 (LAC) (26 September 2024)

The Labour Court's orders were set aside because the application before it did not establish a case for unfair procedure under s 189A of the LRA. The substance of the respondents' claim was an alleged failure by the second appellant to comply with the union's constitution, which is regulated by s 158(1)(e) of the LRA, not s 189A(13). There was no factual foundation for relief under s 189A, and the application ought to have been dismissed. The appeal against the order refusing condonation for late filing of leave to appeal succeeded, as the delay was reasonable and the Labour Court itself subsequently granted leave to appeal. The costs order against the appellants was unwarranted, and each...

Citation
[2024] ZALAC 43
Parties
Appellant: CEPPWAWU; Appellant: THUSILE NJAPA MASHANDA; Respondent: SAKHIWO ZAKO; Respondent: MZWANDILE MPOFU
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
26 September 2024
Case Number
PA04/23
Procedural Posture
Civil Appeal / Appeal Against Labour Court Orders of 8 September 2021 and 12 November 2021
Outcome
Appeal upheld; Labour Court orders of 8 September 2021 and 12 November 2021 set aside.
Judges
Van Niekerk, Nkutha-Nkontwana, Jolwana
Legal Topics
Union Administration, Jurisdiction of Labour Court, Fair Procedure in Retrenchment, Condonation, Costs in Labour Matters
Labour Law Civil Procedure Union Administration Jurisdiction of Labour Court Fair Procedure in Retrenchment Condonation Costs in Labour Matters

Case Brief

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Parties

CEPPWAWU

Appellant

THUSILE NJAPA MASHANDA

Appellant

SAKHIWO ZAKO

Respondent

MZWANDILE MPOFU

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Orders of 8 September 2021 and 12 November 2021

Legal Issues

  1. 1 Whether the Labour Court had jurisdiction to grant the orders under s 189A(13) of the LRA.
  2. 2 Whether the second appellant acted ultra vires her powers as administrator of the union.
  3. 3 Whether the application before the Labour Court established a case for unfair procedure under s 189A.

Ratio Decidendi

The Labour Court's orders were set aside because the application before it did not establish a case for unfair procedure under s 189A of the LRA. The substance of the respondents' claim was an alleged failure by the second appellant to comply with the union's constitution, which is regulated by s 158(1)(e) of the LRA, not s 189A(13). There was no factual foundation for relief under s 189A, and the application ought to have been dismissed. The appeal against the order refusing condonation for late filing of leave to appeal succeeded, as the delay was reasonable and the Labour Court itself subsequently granted leave to appeal. The costs order against the appellants was unwarranted, and each...

Court Disposition

Appeal upheld; Labour Court orders of 8 September 2021 and 12 November 2021 set aside.

Orders

  • The appeal succeeds and the orders of the Labour Court granted on 8 September 2021 and 12 November 2021 are set aside.
  • The order granted on 8 September 2021 is substituted by: 'The application is dismissed.'