Msi and Others v National Union of Mineworkers National Executive Committee (J1714/19) [2019] ZALCJHB 222 (16 August 2019)

Msi and Others v National Union of Mineworkers National Executive Committee (J1714/19) [2019] ZALCJHB 222 (16 August 2019)

The applicants failed to establish a prima facie right to the relief sought. The suspension was effected by the deputy general secretary, who was authorised to act in the general secretary's absence according to the union's constitution. The constitution permits precautionary suspension without a prior hearing or right of appeal. The applicants' suspensions were not disciplinary penalties but precautionary measures pending investigation. The requirements for interim relief were not met, and the application must be dismissed.

Citation
[2019] ZALCJHB 222
Parties
Applicant: Vuyolwethu Msi and 8 Others; Respondent: National Union of Mineworkers National Executive Committee
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 August 2019
Case Number
J1714/19
Procedural Posture
Urgent Application / Interim Relief Application Before Final Review
Outcome
Application dismissed with costs.
Judges
Van Niekerk
Legal Topics
Union Constitution Compliance, Precautionary Suspension, Interim Relief, Disciplinary Procedure
Labour Law Civil Procedure Union Constitution Compliance Precautionary Suspension Interim Relief Disciplinary Procedure

Case Brief

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Parties

Vuyolwethu Msi and 8 Others

Applicant

National Union of Mineworkers National Executive Committee

Respondent

Procedural Posture

Urgent Application / Interim Relief Application Before Final Review

Legal Issues

  1. 1 Whether the applicants' suspension was effected in breach of the union's constitution.
  2. 2 Whether the deputy general secretary was authorised to suspend the applicants.
  3. 3 Whether the applicants were entitled to a hearing or to make representations prior to suspension.

Ratio Decidendi

The applicants failed to establish a prima facie right to the relief sought. The suspension was effected by the deputy general secretary, who was authorised to act in the general secretary's absence according to the union's constitution. The constitution permits precautionary suspension without a prior hearing or right of appeal. The applicants' suspensions were not disciplinary penalties but precautionary measures pending investigation. The requirements for interim relief were not met, and the application must be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs.