Nkosi and Others v Nkabinde and Others; In re: Nkabinde and Others v Mhlongo and Others (J1932/17) [2017] ZALCJHB 369 (10 October 2017)

Nkosi and Others v Nkabinde and Others; In re: Nkabinde and Others v Mhlongo and Others (J1932/17) [2017] ZALCJHB 369 (10 October 2017)

The court found that the applicants, comprising union officials, employees, and members, have a direct and substantial interest in the outcome of the main urgent application, as any order could affect the union's governance, operations, and the rights of its members. The union's current state of paralysis,...

Source-derived case information.

Citation
[2017] ZALCJHB 369
Parties
Applicant: Educated Nkosi & 14 Others; Respondent: Mandla Nkabinde & 8 Others; Respondent: Thamsanqa Mhlongo; Respondent: Lucas Mashego; Respondent: Samuel Chief Seatlhololo; Respondent: Chemical Energy Paper Printing Wood and Allied Workers Union (CEPPAWAWU)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 October 2017
Case Number
J1932/17
Procedural Posture
Intervention Application / Application to Intervene in Urgent Proceedings Prior to Judgment in Main Application
Outcome
Application to intervene granted; applicants joined as respondents in the urgent application. Counter-application for joinder of other matters dismissed. Costs reserved.
Judges
E Tlhotlhalemaje
Legal Topics
Joinder and Intervention, Union Factional Dispute, Standing, Access to Court, Union Governance
Labour Law Civil Procedure Joinder and Intervention Union Factional Dispute Standing Access to Court Union Governance

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Summary, issues, holding and outcome

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Parties

Educated Nkosi & 14 Others

Applicant

Mandla Nkabinde & 8 Others

Respondent

Thamsanqa Mhlongo

Respondent

Lucas Mashego

Respondent

Samuel Chief Seatlhololo

Respondent

Chemical Energy Paper Printing Wood and Allied Workers Union (CEPPAWAWU)

Respondent

Procedural Posture

Intervention Application / Application to Intervene in Urgent Proceedings Prior to Judgment in Main Application

Legal Issues

  1. 1 Whether the applicants have a direct and substantial interest in the main urgent application sufficient to justify intervention.
  2. 2 Whether the intervention is necessary and convenient in the context of union governance and factional disputes.
  3. 3 Whether the applicants' rights would be prejudiced by orders made in their absence.

Ratio Decidendi

The court found that the applicants, comprising union officials, employees, and members, have a direct and substantial interest in the outcome of the main urgent application, as any order could affect the union's governance, operations, and the rights of its members. The union's current state of paralysis, factionalism, and lack of a properly constituted NOBC and NEC meant that all stakeholders, especially ordinary members, are at risk of prejudice. The court held that the distinction between the union and its members is artificial in this context, as the union cannot exist without its members. The application to intervene was not frivolous or merely tactical, and the timing did not...

Court Disposition

Application to intervene granted; applicants joined as respondents in the urgent application. Counter-application for joinder of other matters dismissed. Costs reserved.

Orders

  • The applicants are granted leave to intervene as the Fifth to Twentieth Respondents in the urgent application under the present case number.
  • The applicants may file further submissions within seven days of the order.