Liberty Fighters Network v Core Computer Business (Pty) Ltd and Others (24942+3/2022) [2024] ZAEQC 5 (12 August 2024)

Liberty Fighters Network v Core Computer Business (Pty) Ltd and Others (24942+3/2022) [2024] ZAEQC 5 (12 August 2024)

The court found that the applicant, Liberty Fighters Network, failed to establish legal authority for its representative to institute proceedings on behalf of the association and its members. The Equality Court lacks jurisdiction over employment-related disputes, which fall under the Labour Relations Act and the exclusive jurisdiction of the Labour Court. The applicant failed to join the cabinet minister responsible for the Disaster Management Act and its regulations, resulting in a material non-joinder. The application did not meet the procedural requirements for certification as a class action, lacking identifiable members, a triable cause of action, and an identified representative....

Citation
[2024] ZAEQC 5
Parties
Applicant: Liberty Fighters Network; Respondent: Core Computer Business (Pty) Ltd; Respondent: ZA Online Store (Pty) Ltd; Respondent: University of Johannesburg
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
12 August 2024
Case Number
24942+3/2022
Procedural Posture
Review Application / Final Judgment After Hearing of Preliminary Objections (points in Limine)
Outcome
Application dismissed with costs.
Judges
J.S. Nyathi
Legal Topics
Mandatory Vaccination Policy, Jurisdiction of Equality Court, Class Action Certification, Mootness, Authority to Represent, Non Joinder
Administrative Law Civil Procedure Mandatory Vaccination Policy Jurisdiction of Equality Court Class Action Certification Mootness Authority to Represent Non Joinder

Case Brief

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Parties

Liberty Fighters Network

Applicant

Core Computer Business (Pty) Ltd

Respondent

ZA Online Store (Pty) Ltd

Respondent

University of Johannesburg

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing of Preliminary Objections (points in Limine)

Legal Issues

  1. 1 Whether the applicant has legal authority to represent the alleged universitas and its members.
  2. 2 Whether the Equality Court has jurisdiction to adjudicate the dispute regarding the respondents' COVID-19 mandatory vaccination policy.
  3. 3 Whether there is a material non-joinder of parties with a direct and substantial interest, specifically the relevant cabinet minister.

Ratio Decidendi

The court found that the applicant, Liberty Fighters Network, failed to establish legal authority for its representative to institute proceedings on behalf of the association and its members. The Equality Court lacks jurisdiction over employment-related disputes, which fall under the Labour Relations Act and the exclusive jurisdiction of the Labour Court. The applicant failed to join the cabinet minister responsible for the Disaster Management Act and its regulations, resulting in a material non-joinder. The application did not meet the procedural requirements for certification as a class action, lacking identifiable members, a triable cause of action, and an identified representative....

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.