Lempetje and Others v National Education, Health and Allied Workers Union - Free State ("NEHAWU") and Others (5526/2019) [2021] ZAFSHC 28 (8 February 2021)

Lempetje and Others v National Education, Health and Allied Workers Union - Free State ("NEHAWU") and Others (5526/2019) [2021] ZAFSHC 28 (8 February 2021)

The court found that the applicants, except for the first applicant whose appeal against expulsion was pending, failed to establish locus standi as they did not demonstrate a direct and substantial interest in the relief sought. The National Executive Committee of NEHAWU was a necessary party due to its constitutional powers, and failure to join it was fatal to the proceedings. On the merits, the court held that the Provincial Executive Committee was empowered by the NEHAWU constitution to convene the regional congress in the absence of a Regional Executive Committee, and that the majority of qualifying branches attended. The applicants' arguments regarding the lack of quorum and improper...

Citation
[2021] ZAFSHC 28
Parties
Applicant: Mokheseng Ernest Lempetje; Applicant: Lebohang Thakheli; Applicant: Makgauta Mohobeli; Applicant: Thabang Selaledi; Applicant: Sello Maliehe; Applicant: Phakamile Mxosana; Applicant: Tshepo Monoko; Applicant: Pakiso Thulo; Applicant: Brenda Lesenyeho; Applicant: Sello Rampaku; Applicant: Sello Pule; Applicant: Kesipile Mongana; Applicant: Wellington Mofokeng; Applicant: Thakane Moduka; Applicant: Thabang Lesia; Applicant: Khwasa Mothalosa; Applicant: Palesa Shai; Applicant: Nkalimeng Sekhobo; Applicant: Jane Mosime; Applicant: Thabo Makhooe; Applicant: Bukiwe Manxiwa; Respondent: National Education, Health and Allied Workers Union - Free State Province ("NEHAWU"); Respondent: Khotso Maema N.O; Respondent: Justice Sello N.O; Respondent: Mathang Nqoko; Respondent: Konstable Selebedi N.O; Respondent: Nteboheng Sekhonyana N.O
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 February 2021
Case Number
5526/2019
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
N.M. MBHELE
Legal Topics
Trade Union Governance, Locus Standi, Joinder, Union Constitution Interpretation, Condonation, Strike Out Application
Labour Law Civil Procedure Trade Union Governance Locus Standi Joinder Union Constitution Interpretation Condonation Strike Out Application

Case Brief

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Parties

Mokheseng Ernest Lempetje

Applicant

Lebohang Thakheli

Applicant

Makgauta Mohobeli

Applicant

Thabang Selaledi

Applicant

Sello Maliehe

Applicant

Phakamile Mxosana

Applicant

Tshepo Monoko

Applicant

Pakiso Thulo

Applicant

Brenda Lesenyeho

Applicant

Sello Rampaku

Applicant

Sello Pule

Applicant

Kesipile Mongana

Applicant

Wellington Mofokeng

Applicant

Thakane Moduka

Applicant

Thabang Lesia

Applicant

Khwasa Mothalosa

Applicant

Palesa Shai

Applicant

Nkalimeng Sekhobo

Applicant

Jane Mosime

Applicant

Thabo Makhooe

Applicant

Bukiwe Manxiwa

Applicant

National Education, Health and Allied Workers Union - Free State Province ("NEHAWU")

Respondent

Khotso Maema N.O

Respondent

Justice Sello N.O

Respondent

Mathang Nqoko

Respondent

Konstable Selebedi N.O

Respondent

Nteboheng Sekhonyana N.O

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the elective congress convened by NEHAWU Central Western Region on 16 and 17 October 2019 was valid under the union's constitution.
  2. 2 Whether the applicants had locus standi to challenge the congress and its outcomes.
  3. 3 Whether the National Executive Committee of NEHAWU was a necessary party to the proceedings.

Ratio Decidendi

The court found that the applicants, except for the first applicant whose appeal against expulsion was pending, failed to establish locus standi as they did not demonstrate a direct and substantial interest in the relief sought. The National Executive Committee of NEHAWU was a necessary party due to its constitutional powers, and failure to join it was fatal to the proceedings. On the merits, the court held that the Provincial Executive Committee was empowered by the NEHAWU constitution to convene the regional congress in the absence of a Regional Executive Committee, and that the majority of qualifying branches attended. The applicants' arguments regarding the lack of quorum and improper...

Court Disposition

Application dismissed with costs.

Orders

  • The applicants’ application for condonation of the late filing of the heads of argument is granted.
  • The respondents’ application for condonation of the late filing of the answering affidavit is granted.