Mafube Local Municipaliry v Mazibuko and Others (6148/2018) [2019] ZAFSHC 58 (30 May 2019)

Mafube Local Municipaliry v Mazibuko and Others (6148/2018) [2019] ZAFSHC 58 (30 May 2019)

The court held that the relief sought by the applicant was based on conduct in furtherance of an unprotected strike, which falls squarely within the exclusive jurisdiction of the Labour Court as provided by section 68(1) of the Labour Relations Act. The applicant did not plead any violation of constitutionally entrenched rights that would confer concurrent jurisdiction on the High Court. The court found the applicant's submissions regarding jurisdiction to be unsustainable and dismissed the rule nisi. Regarding the late filing of the respondents' Answering Affidavit, the court exercised its discretion to grant condonation, noting that the parties had communicated about the late filing and...

Citation
[2019] ZAFSHC 58
Parties
Applicant: Mafube Local Municipality; Respondent: Fanie James Mazibuko; Respondent: Bennie Voorman Mohlakoane; Respondent: Morena Jan Tsotetsi; Respondent: Jemina Phindi Nhlapo; Respondent: Mmatswere Sana Cynthia Tsotseti; Respondent: Fanie Jacob Nhlapo; Respondent: Raymond Khumalo; Respondent: Ishmael Mtholo; Respondent: South African Municipal Workers Union
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 May 2019
Case Number
6148/2018
Procedural Posture
Urgent Application / Final Determination of Interim Interdict; Jurisdictional Challenge
Outcome
Application dismissed for lack of jurisdiction; rule nisi discharged with costs.
Judges
Naidoo
Legal Topics
Unprotected Strike, Jurisdiction of Labour Court, Interdict, Condonation of Late Filing
Labour Law Civil Procedure Unprotected Strike Jurisdiction of Labour Court Interdict Condonation of Late Filing

Case Brief

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Parties

Mafube Local Municipality

Applicant

Fanie James Mazibuko

Respondent

Bennie Voorman Mohlakoane

Respondent

Morena Jan Tsotetsi

Respondent

Jemina Phindi Nhlapo

Respondent

Mmatswere Sana Cynthia Tsotseti

Respondent

Fanie Jacob Nhlapo

Respondent

Raymond Khumalo

Respondent

Ishmael Mtholo

Respondent

South African Municipal Workers Union

Respondent

Procedural Posture

Urgent Application / Final Determination of Interim Interdict; Jurisdictional Challenge

Legal Issues

  1. 1 Does the High Court have jurisdiction to grant an interdict in respect of an unprotected strike, or is jurisdiction exclusive to the Labour Court?
  2. 2 Should the respondents' late Answering Affidavit be condoned or disregarded?

Ratio Decidendi

The court held that the relief sought by the applicant was based on conduct in furtherance of an unprotected strike, which falls squarely within the exclusive jurisdiction of the Labour Court as provided by section 68(1) of the Labour Relations Act. The applicant did not plead any violation of constitutionally entrenched rights that would confer concurrent jurisdiction on the High Court. The court found the applicant's submissions regarding jurisdiction to be unsustainable and dismissed the rule nisi. Regarding the late filing of the respondents' Answering Affidavit, the court exercised its discretion to grant condonation, noting that the parties had communicated about the late filing and...

Court Disposition

Application dismissed for lack of jurisdiction; rule nisi discharged with costs.

Orders

  • The rule nisi dated 7 December 2018 is dismissed with costs.