Mahoa and Others v National Union of Mineworkers and Others (J1844/18) [2018] ZALCJHB 206 (18 June 2018)

Mahoa and Others v National Union of Mineworkers and Others (J1844/18) [2018] ZALCJHB 206 (18 June 2018)

The applicants failed to establish a prima facie right to the interim relief sought. The NEC's decision to nullify the Rustenburg Regional elections was based on an independent investigation revealing serious irregularities, and the applicants did not challenge the substantive findings of that report. The removal of the applicants flowed from the nullification of the election, not disciplinary action, and clause 14 of the NUM Constitution was not applicable. The applicants retain their rights as union members to participate in union activities and elections, and the Rustenburg Region is not left without leadership. The balance of convenience favours the union, as granting interim relief...

Citation
[2018] ZALCJHB 206
Parties
Applicant: Richard Mahoa; Applicant: Robert Madonsela; Applicant: Luxolo Mpafa; Applicant: Dikeledi Mokgautsi; Applicant: William Mataboge; Applicant: Thapelo Qabathi; Applicant: Setsoge Mphahlele; Applicant: Geoffrey Moatshe; Applicant: Nonhlanhla Mbatani; Respondent: National Union of Mineworkers; Respondent: National Executive Committee of the National Union of Mineworkers; Respondent: Kolekile David Sipunzi (N.O)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 June 2018
Case Number
J1844/18
Procedural Posture
Urgent Application / Interim Relief (part A) Pending Final Determination of Part B
Outcome
Application for interim relief dismissed.
Judges
Whitcher
Legal Topics
Freedom of Association, Trade Union Elections, Interim Interdict, Disciplinary Procedure, Urgent Application
Labour Law Civil Procedure Freedom of Association Trade Union Elections Interim Interdict Disciplinary Procedure Urgent Application

Case Brief

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Parties

Richard Mahoa

Applicant

Robert Madonsela

Applicant

Luxolo Mpafa

Applicant

Dikeledi Mokgautsi

Applicant

William Mataboge

Applicant

Thapelo Qabathi

Applicant

Setsoge Mphahlele

Applicant

Geoffrey Moatshe

Applicant

Nonhlanhla Mbatani

Applicant

National Union of Mineworkers

Respondent

National Executive Committee of the National Union of Mineworkers

Respondent

Kolekile David Sipunzi (N.O)

Respondent

Procedural Posture

Urgent Application / Interim Relief (part A) Pending Final Determination of Part B

Legal Issues

  1. 1 Whether the applicants are entitled to urgent interim relief suspending the NEC's decisions pending final determination of Part B.
  2. 2 Whether the NEC's nullification of the Rustenburg Regional elections and removal of office bearers complied with NUM's Constitution and the Labour Relations Act.
  3. 3 Whether the applicants' rights under section 4(2)(a) of the Labour Relations Act were infringed by the NEC's actions.

Ratio Decidendi

The applicants failed to establish a prima facie right to the interim relief sought. The NEC's decision to nullify the Rustenburg Regional elections was based on an independent investigation revealing serious irregularities, and the applicants did not challenge the substantive findings of that report. The removal of the applicants flowed from the nullification of the election, not disciplinary action, and clause 14 of the NUM Constitution was not applicable. The applicants retain their rights as union members to participate in union activities and elections, and the Rustenburg Region is not left without leadership. The balance of convenience favours the union, as granting interim relief...

Court Disposition

Application for interim relief dismissed.

Orders

  • The application for interim relief is dismissed.
  • There is no order as to costs.