Mofokeng and Another v South African Municipal Workers Union and Another (C300/2022) [2025] ZALCCT 46 (7 July 2025)

Mofokeng and Another v South African Municipal Workers Union and Another (C300/2022) [2025] ZALCCT 46 (7 July 2025)

The court found that the applicants were not properly served with the main application, as the documents were handed to employees at their workplaces and not to the applicants themselves. The incorrect citation of the applicants' names further cast doubt on whether they received notice of the proceedings. The applicants' denial of receipt was credible, and SAMWU failed to provide sufficient proof that the documents were actually handed to the applicants. As a result, the judgment was erroneously granted in their absence, and they were not in wilful default. The interests of justice and the applicants' constitutional right to fair labour practices required that the judgment be rescinded...

Citation
[2025] ZALCCT 46
Parties
Applicant: Maboi Shadrack Mofokeng; Applicant: Mafube St Vincent Mofokeng; Respondent: South African Municipal Workers Union; Respondent: Dihlabeng Local Municipality
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
7 July 2025
Case Number
C300/2022
Procedural Posture
Rescission Application / Application for Rescission of Judgment Following Default Judgment in Main Application
Outcome
Application for rescission granted; judgment of 20 August 2024 rescinded.
Judges
C de Kock
Legal Topics
Rescission of Judgment, Service of Process, Authority to Institute Proceedings, Audi Alterem Partem, Fair Labour Practices
Labour Law Civil Procedure Rescission of Judgment Service of Process Authority to Institute Proceedings Audi Alterem Partem Fair Labour Practices

Case Brief

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Parties

Maboi Shadrack Mofokeng

Applicant

Mafube St Vincent Mofokeng

Applicant

South African Municipal Workers Union

Respondent

Dihlabeng Local Municipality

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Judgment Following Default Judgment in Main Application

Legal Issues

  1. 1 Whether the judgment granted on 20 August 2024 should be rescinded due to lack of proper service on the applicants.
  2. 2 Whether the alleged lack of authority by SAMWU to institute proceedings constitutes a mistake common to the parties justifying rescission.
  3. 3 Whether the applicants were in wilful default for failing to oppose the main application.

Ratio Decidendi

The court found that the applicants were not properly served with the main application, as the documents were handed to employees at their workplaces and not to the applicants themselves. The incorrect citation of the applicants' names further cast doubt on whether they received notice of the proceedings. The applicants' denial of receipt was credible, and SAMWU failed to provide sufficient proof that the documents were actually handed to the applicants. As a result, the judgment was erroneously granted in their absence, and they were not in wilful default. The interests of justice and the applicants' constitutional right to fair labour practices required that the judgment be rescinded...

Court Disposition

Application for rescission granted; judgment of 20 August 2024 rescinded.

Orders

  • The application to rescind the judgment dated 20 August 2024, and date stamped by the registrar on 30 August 2024, is granted.
  • Dihlabeng Local Municipality is ordered to reinstate the applicants to their positions held prior to 20 August 2024 pending the outcome of the main application.