Nkosi v Pan African Language Board and Others (74720/09) [2010] ZAGPPHC 211 (2 December 2010)

Nkosi v Pan African Language Board and Others (74720/09) [2010] ZAGPPHC 211 (2 December 2010)

The court found that the applicant failed to establish that the Pan African Language Board was not properly constituted when the decision to suspend her was taken. The applicant's arguments regarding the Board's constitution would, if accepted, nullify all Board functions since 2008, which was not the intention or supported by the facts. The court further held that the applicant's complaint was rooted in alleged unfair labour practices, and her conduct demonstrated that she considered the dispute to be governed by the Labour Relations Act. She had already referred the matter to the CCMA and Labour Court, and entered into a settlement agreement. The High Court lacked jurisdiction to review...

Citation
[2010] ZAGPPHC 211
Parties
Applicant: Ntombenhle Rosemary Nkosi; Respondent: Pan African Language Board; Respondent: Prof S Ngubane; Respondent: Prof Z T Motsa; Respondent: Adv M Mdludlu; Respondent: Prof A Lotreit; Respondent: M F Sadiki; Respondent: G T J Gumede; Respondent: P S Sobahle; Respondent: B E Drucken; Respondent: Dr E Malete; Respondent: Prof M Mojalefa; Respondent: Dr M Yoyo; Respondent: Minister of Arts and Culture
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 December 2010
Case Number
74720/09
Procedural Posture
Review Application / Opposed Motion; Judgment After Oral Argument
Outcome
Application dismissed with costs.
Judges
Tlhapi V V
Legal Topics
Unfair Labour Practice, Jurisdiction of High Court, Precautionary Suspension, Review of Administrative Action, Board Constitution, Disciplinary Procedure
Labour Law Administrative Law Unfair Labour Practice Jurisdiction of High Court Precautionary Suspension Review of Administrative Action Board Constitution Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ntombenhle Rosemary Nkosi

Applicant

Pan African Language Board

Respondent

Prof S Ngubane

Respondent

Prof Z T Motsa

Respondent

Adv M Mdludlu

Respondent

Prof A Lotreit

Respondent

M F Sadiki

Respondent

G T J Gumede

Respondent

P S Sobahle

Respondent

B E Drucken

Respondent

Dr E Malete

Respondent

Prof M Mojalefa

Respondent

Dr M Yoyo

Respondent

Minister of Arts and Culture

Respondent

Procedural Posture

Review Application / Opposed Motion; Judgment After Oral Argument

Legal Issues

  1. 1 Whether the Pan African Language Board was properly constituted when it suspended the applicant.
  2. 2 Whether the decision to suspend the applicant should be reviewed and set aside.
  3. 3 Whether the High Court has jurisdiction to adjudicate the dispute regarding suspension and disciplinary action.

Ratio Decidendi

The court found that the applicant failed to establish that the Pan African Language Board was not properly constituted when the decision to suspend her was taken. The applicant's arguments regarding the Board's constitution would, if accepted, nullify all Board functions since 2008, which was not the intention or supported by the facts. The court further held that the applicant's complaint was rooted in alleged unfair labour practices, and her conduct demonstrated that she considered the dispute to be governed by the Labour Relations Act. She had already referred the matter to the CCMA and Labour Court, and entered into a settlement agreement. The High Court lacked jurisdiction to review...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.