Joni v Association On Mine Workers And Construction Union and Others (JS 413/20) [2021] ZALCJHB 470 (22 November 2021)

Joni v Association On Mine Workers And Construction Union and Others (JS 413/20) [2021] ZALCJHB 470 (22 November 2021)

The court found that Mr Mathunjwa was not eligible to be elected President of AMCU in September 2019 because he was not an employee as required by the union's constitution and the Labour Relations Act. The alleged practice of retaining office after dismissal was unsupported by evidence and contradicted the constitution. The election was declared unlawful and set aside prospectively from the date of judgment to avoid disruption to the union's operations. Mr Joni lacked locus standi to seek the appointment of an administrator, as only the union or Registrar may do so under section 103A of the LRA. The application against Mr Gama failed due to lack of evidence. The expulsion of Mr Joni and...

Citation
[2021] ZALCJHB 470
Parties
Applicant: Nkosikho Joni; Respondent: Association On Mine Workers And Construction Union; Respondent: Joseph Mathunjwa N.O.; Respondent: Jimmy Gama N.O.; Respondent: Jeffrey Mphahlele N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 November 2021
Case Number
JS 413/20
Procedural Posture
Review Application / Judgment After Hearing on 25 May 2021
Outcome
Application partly succeeds: election of Mr Mathunjwa as President set aside prospectively; application against Mr Gama dismissed; remaining prayers dismissed; no costs order.
Judges
Mabaso
Legal Topics
Trade Union Governance, Locus Standi, Ultra Vires, Appointment of Administrator, Expulsion of Union Member
Labour Law Civil Procedure Trade Union Governance Locus Standi Ultra Vires Appointment of Administrator Expulsion of Union Member

Case Brief

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Parties

Nkosikho Joni

Applicant

Association On Mine Workers And Construction Union

Respondent

Joseph Mathunjwa N.O.

Respondent

Jimmy Gama N.O.

Respondent

Jeffrey Mphahlele N.O.

Respondent

Procedural Posture

Review Application / Judgment After Hearing on 25 May 2021

Legal Issues

  1. 1 Whether the election of Mr Mathunjwa as President of AMCU was lawful under the union's constitution and the Labour Relations Act.
  2. 2 Whether the applicant, Mr Joni, had locus standi to seek the appointment of an administrator for AMCU.
  3. 3 Whether the expulsion of Mr Joni and the vote of no confidence were procedurally and constitutionally valid.

Ratio Decidendi

The court found that Mr Mathunjwa was not eligible to be elected President of AMCU in September 2019 because he was not an employee as required by the union's constitution and the Labour Relations Act. The alleged practice of retaining office after dismissal was unsupported by evidence and contradicted the constitution. The election was declared unlawful and set aside prospectively from the date of judgment to avoid disruption to the union's operations. Mr Joni lacked locus standi to seek the appointment of an administrator, as only the union or Registrar may do so under section 103A of the LRA. The application against Mr Gama failed due to lack of evidence. The expulsion of Mr Joni and...

Court Disposition

Application partly succeeds: election of Mr Mathunjwa as President set aside prospectively; application against Mr Gama dismissed; remaining prayers dismissed; no costs order.

Orders

  • The point in limine that the applicant lacks locus standi to seek an order under section 103A of the Labour Relations Act is upheld.
  • It is declared that the election of Mr Joseph Mathunjwa as President of AMCU in September 2019 is ultra vires the constitution and the Labour Relations Act, unlawful, unconstitutional and invalid, and is set aside.