Nkabinde and Others v Mhlongo and Others (J1932/17) [2018] ZALCJHB 267 (13 February 2018)

Nkabinde and Others v Mhlongo and Others (J1932/17) [2018] ZALCJHB 267 (13 February 2018)

The court found that the application had become moot due to the discharge of the High Court interdict, the NEC’s subsequent meeting and resolutions, and the ratification of all NOBC actions taken between May and September 2017. The NEC’s interpretation of the quorum requirement and its validation of the NOBC’s composition and decisions meant that the applicants’ suspensions remained in effect and the NOBC was authorised to act. There was no longer a live dispute or lis between the parties, and the relief sought by the applicants was incapable of execution. The court declined to exercise its discretion to issue a judgment on the merits, as no exceptional circumstances or discrete legal...

Citation
[2018] ZALCJHB 267
Parties
Applicant: Mandla Nkabinde; Applicant: Vusi Nkosi; Applicant: Chris Moropa; Applicant: Frank Makamole; Applicant: Gloria Mahlangu; Applicant: Joseph Marape; Applicant: Wayne Tshabalala; Applicant: Sello Peege; Applicant: Sasa Mkhuma, Educated Nkosi & 14 Others; Respondent: Thamsanqa Mhlongo; Respondent: Lucas Mashego; Respondent: Samuel Seathlolo; Respondent: Chemical Energy Paper Printing Wood and Allied Workers Union
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 February 2018
Case Number
J1932/17
Procedural Posture
Urgent Application / Judgment on Urgent Application and Intervention
Outcome
Application dismissed as moot; no order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Trade Union Governance, Union Constitution Interpretation, Disciplinary Proceedings, Mootness, Interdict, Quorum Requirements
Labour Law Civil Procedure Trade Union Governance Union Constitution Interpretation Disciplinary Proceedings Mootness Interdict Quorum Requirements

Case Brief

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Parties

Mandla Nkabinde

Applicant

Vusi Nkosi

Applicant

Chris Moropa

Applicant

Frank Makamole

Applicant

Gloria Mahlangu

Applicant

Joseph Marape

Applicant

Wayne Tshabalala

Applicant

Sello Peege

Applicant

Sasa Mkhuma, Educated Nkosi & 14 Others

Applicant

Thamsanqa Mhlongo

Respondent

Lucas Mashego

Respondent

Samuel Seathlolo

Respondent

Chemical Energy Paper Printing Wood and Allied Workers Union

Respondent

Procedural Posture

Urgent Application / Judgment on Urgent Application and Intervention

Legal Issues

  1. 1 Whether the National Office Bearers’ Committee (NOBC) of the union was quorate and properly constituted when it issued suspension notices to the applicants.
  2. 2 Whether the NOBC had authority under the union’s constitution to issue suspension notices and take disciplinary action against the applicants.
  3. 3 Whether the application before the court had become moot due to subsequent events and resolutions by the National Executive Committee (NEC).

Ratio Decidendi

The court found that the application had become moot due to the discharge of the High Court interdict, the NEC’s subsequent meeting and resolutions, and the ratification of all NOBC actions taken between May and September 2017. The NEC’s interpretation of the quorum requirement and its validation of the NOBC’s composition and decisions meant that the applicants’ suspensions remained in effect and the NOBC was authorised to act. There was no longer a live dispute or lis between the parties, and the relief sought by the applicants was incapable of execution. The court declined to exercise its discretion to issue a judgment on the merits, as no exceptional circumstances or discrete legal...

Court Disposition

Application dismissed as moot; no order as to costs.

Orders

  • The interim directive issued by this Court on 18 August 2017 is discharged.
  • The applicants’ application is dismissed.