Maimela and Others v Safety and Security Sectoral Bargaining Council and Others (JR1871/13) [2016] ZALCJHB 43 (8 February 2016)

Maimela and Others v Safety and Security Sectoral Bargaining Council and Others (JR1871/13) [2016] ZALCJHB 43 (8 February 2016)

The court found that the arbitrator's reasoning was sound and supported by the evidence. The applicants did not obtain scores placing them among the top three candidates, and the successful candidate met all minimum requirements. The alleged bias from Brig. Mogale's participation did not materially affect the outcome, as his assessment alone would not have changed the ranking. The SAPS policy allows for discretion in appointments, and the misclassification of the successful candidate's race was addressed through a motivation process. The arbitrator's decision was not one that a reasonable decision maker could not reach, and thus the review application must fail.

Citation
[2016] ZALCJHB 43
Parties
Applicant: Botsile Maimela; Applicant: Fankie Malepa; Applicant: Funeka Mfazwe; Applicant: Charles Mohudi; Respondent: Safety & Security Sectoral Bargaining Council; Respondent: K. Driscoll N.O.; Respondent: South African Police Services; Respondent: GM van der Merwe
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 February 2016
Case Number
JR1871/13
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed.
Judges
Rabkin-Naicker
Legal Topics
Unfair Labour Practice, Employment Equity, Review of Arbitration Award, Selection Panel Bias
Labour Law Civil Procedure Unfair Labour Practice Employment Equity Review of Arbitration Award Selection Panel Bias

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Botsile Maimela

Applicant

Fankie Malepa

Applicant

Funeka Mfazwe

Applicant

Charles Mohudi

Applicant

Safety & Security Sectoral Bargaining Council

Respondent

K. Driscoll N.O.

Respondent

South African Police Services

Respondent

GM van der Merwe

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed gross misconduct in accepting the score of the successful candidate without adequate proof.
  2. 2 Whether the inclusion of Brig. Mogale in the selection panel, given his relationship with the successful candidate, prejudiced the applicants.
  3. 3 Whether the selection panel followed SAPS policies and employment equity requirements in appointing the fourth respondent.

Ratio Decidendi

The court found that the arbitrator's reasoning was sound and supported by the evidence. The applicants did not obtain scores placing them among the top three candidates, and the successful candidate met all minimum requirements. The alleged bias from Brig. Mogale's participation did not materially affect the outcome, as his assessment alone would not have changed the ranking. The SAPS policy allows for discretion in appointments, and the misclassification of the successful candidate's race was addressed through a motivation process. The arbitrator's decision was not one that a reasonable decision maker could not reach, and thus the review application must fail.

Court Disposition

Review application dismissed.

Orders

  • The review application is dismissed.