King Cetshwayo District Municipality v Nhlabathi and Others (D1310/16) [2018] ZALCD 9 (31 July 2018)

King Cetshwayo District Municipality v Nhlabathi and Others (D1310/16) [2018] ZALCD 9 (31 July 2018)

The review succeeded on the basis of non-joinder. The court found that the MEC for local government had a statutory interest in appointments to section 56 manager posts alleged to be in contravention of the Municipal Systems Act. Even if the respondent was not required to directly call upon the MEC to take steps under section 56(5), the MEC ought to have been joined as a party to the arbitration proceedings. The arbitrator's award was set aside due to this procedural defect. The court declined to decide the substantive issue of disclosure of interest, as the matter was disposed of on non-joinder. The respondent may elect to pursue the unfair labour practice claim afresh, provided the MEC...

Citation
[2018] ZALCD 9
Parties
Applicant: King Cetshwayo District Municipality; Respondent: Zandile Florence Nhlabathi; Respondent: Ashnee Lambert (N.O.); Respondent: SALGBC; Respondent: Thadazile Francisca Mnguni
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
31 July 2018
Case Number
D1310/16
Procedural Posture
Review Application / Judgment After Opposed Review of Arbitration Award
Outcome
Review application upheld; arbitration award set aside due to non-joinder of the MEC for local government.
Judges
Lagrange
Legal Topics
Unfair Labour Practice, Promotion Dispute, Municipal Systems Act, Non Joinder, Disclosure of Interest
Labour Law Administrative Law Unfair Labour Practice Promotion Dispute Municipal Systems Act Non Joinder Disclosure of Interest

Case Brief

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Parties

King Cetshwayo District Municipality

Applicant

Zandile Florence Nhlabathi

Respondent

Ashnee Lambert (N.O.)

Respondent

SALGBC

Respondent

Thadazile Francisca Mnguni

Respondent

Procedural Posture

Review Application / Judgment After Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to hear the unfair labour practice dispute regarding promotion to a section 56 manager post.
  2. 2 Whether the failure to disclose a prior business relationship by a selection panel member constituted an unfair labour practice.
  3. 3 Whether the MEC for local government ought to have been joined as a party to the arbitration proceedings.

Ratio Decidendi

The review succeeded on the basis of non-joinder. The court found that the MEC for local government had a statutory interest in appointments to section 56 manager posts alleged to be in contravention of the Municipal Systems Act. Even if the respondent was not required to directly call upon the MEC to take steps under section 56(5), the MEC ought to have been joined as a party to the arbitration proceedings. The arbitrator's award was set aside due to this procedural defect. The court declined to decide the substantive issue of disclosure of interest, as the matter was disposed of on non-joinder. The respondent may elect to pursue the unfair labour practice claim afresh, provided the MEC...

Court Disposition

Review application upheld; arbitration award set aside due to non-joinder of the MEC for local government.

Orders

  • The Second Respondent’s award issued on 29 August 2016 under case number KPD 091422 is reviewed and set aside.
  • If the First Respondent wishes to pursue her unfair labour practice claim, she must within 30 days request the Third Respondent to re-enrol the matter for arbitration before a different arbitrator and simultaneously apply to join the relevant MEC for Local Government as a party.