Mervin and Others v Communication Workers Union and Others - Application for Leave of Appeal (J05/2023) [2023] ZALCJHB 159 (26 May 2023)

Mervin and Others v Communication Workers Union and Others - Application for Leave of Appeal (J05/2023) [2023] ZALCJHB 159 (26 May 2023)

The court held that the interim order granted on 23 January 2023 is not final in effect, does not definitively determine the rights of the parties, and does not dispose of a substantial portion of the relief claimed in the main proceedings. The order merely preserves the status quo pending final orders regarding the validity of the union's special congress and any resolutions taken at that congress. The interim order is susceptible to alteration and reconsideration when the main application is argued. Therefore, the order is not appealable and the application for leave to appeal must be dismissed.

Citation
[2023] ZALCJHB 159
Parties
Applicant: Clyde Michael Mervin; Applicant: The Eastern Cape Provincial Structure of the Communication Workers Union; Applicant: The Limpopo Provincial Structure of the Communication Workers Union; Applicant: The Mpumalanga Provincial Structure of the Communication Workers Union; Applicant: The Northern Cape Provincial Structure of the Communication Workers Union; Applicant: The Northwest Provincial Structure of the Communication Workers Union; Applicant: The Western Cape Provincial Structure of the Communication Workers Union; Respondent: The Communication Workers Union; Respondent: Aubrey Thabalala; Respondent: The Free State Provincial Structure of the Communication Workers Union; Respondent: The Gauteng Provincial Structure of the Communication Workers Union; Respondent: The Kwazulu Natal Provincial Structure of the Communication Workers Union; Respondent: Mapule Dhlamini; Respondent: Mphikelele Nkutha; Respondent: Thabo Lekota
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 May 2023
Case Number
J 05/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interim Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Van Niekerk
Legal Topics
Interim Interdict, Appealability of Orders, Union Internal Governance
Civil Procedure Labour Law Interim Interdict Appealability of Orders Union Internal Governance

Case Brief

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Parties

Clyde Michael Mervin

Applicant

The Eastern Cape Provincial Structure of the Communication Workers Union

Applicant

The Limpopo Provincial Structure of the Communication Workers Union

Applicant

The Mpumalanga Provincial Structure of the Communication Workers Union

Applicant

The Northern Cape Provincial Structure of the Communication Workers Union

Applicant

The Northwest Provincial Structure of the Communication Workers Union

Applicant

The Western Cape Provincial Structure of the Communication Workers Union

Applicant

The Communication Workers Union

Respondent

Aubrey Thabalala

Respondent

The Free State Provincial Structure of the Communication Workers Union

Respondent

The Gauteng Provincial Structure of the Communication Workers Union

Respondent

The Kwazulu Natal Provincial Structure of the Communication Workers Union

Respondent

Mapule Dhlamini

Respondent

Mphikelele Nkutha

Respondent

Thabo Lekota

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interim Order

Legal Issues

  1. 1 Whether the interim order granted on 23 January 2023 is appealable.
  2. 2 Whether the interim order is final in effect or definitive of the parties' rights.
  3. 3 Whether the application for leave to appeal should be granted.

Ratio Decidendi

The court held that the interim order granted on 23 January 2023 is not final in effect, does not definitively determine the rights of the parties, and does not dispose of a substantial portion of the relief claimed in the main proceedings. The order merely preserves the status quo pending final orders regarding the validity of the union's special congress and any resolutions taken at that congress. The interim order is susceptible to alteration and reconsideration when the main application is argued. Therefore, the order is not appealable and the application for leave to appeal must be dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application is dismissed, with costs.