SAMWU obo Members v Ngaka Modiri Molema District Municipality and Others (J2485/14) [2014] ZALCJHB 430 (27 October 2014)

SAMWU obo Members v Ngaka Modiri Molema District Municipality and Others (J2485/14) [2014] ZALCJHB 430 (27 October 2014)

The court found that the applicant failed to disclose the source of information for events occurring after 6 October 2014, rendering those portions of the founding affidavit inadmissible as hearsay. The applicant's case could not be supplemented by new facts in the replying affidavit, as the principle is that a case must be made out in the founding affidavit. The applicant did provide sufficient evidence of authority to institute proceedings, but ultimately failed to establish a basis for the relief sought. The application was dismissed, and no order as to costs was made due to the ongoing collective bargaining relationship and interests of justice.

Citation
[2014] ZALCJHB 430
Parties
Applicant: SAMWU obo Members; Respondent: Ngaka Modiri Molema District Municipality; Respondent: Kumaran Nair N.O; Respondent: Department of Local Government and Human Settlement: Northwest Provincial Government, MEC Maine
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 October 2014
Case Number
J2485/14
Procedural Posture
Urgent Application / Final Judgment on Urgent Application
Outcome
Application dismissed.
Judges
Nkutha-Nkontwana
Legal Topics
Unlawful Lockout, Hearsay Evidence, Authority to Institute Proceedings, Breach of Contract
Labour Law Civil Procedure Unlawful Lockout Hearsay Evidence Authority to Institute Proceedings Breach of Contract

Case Brief

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Parties

SAMWU obo Members

Applicant

Ngaka Modiri Molema District Municipality

Respondent

Kumaran Nair N.O

Respondent

Department of Local Government and Human Settlement: Northwest Provincial Government, MEC Maine

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Application

Legal Issues

  1. 1 Whether the exclusion of the applicant's members from the employer's premises constitutes an unlawful and unprotected lockout.
  2. 2 Whether the applicant's founding affidavit contains inadmissible hearsay evidence and whether the source of information was disclosed.
  3. 3 Whether the applicant's general secretary had authority to institute proceedings on behalf of the union and its members.

Ratio Decidendi

The court found that the applicant failed to disclose the source of information for events occurring after 6 October 2014, rendering those portions of the founding affidavit inadmissible as hearsay. The applicant's case could not be supplemented by new facts in the replying affidavit, as the principle is that a case must be made out in the founding affidavit. The applicant did provide sufficient evidence of authority to institute proceedings, but ultimately failed to establish a basis for the relief sought. The application was dismissed, and no order as to costs was made due to the ongoing collective bargaining relationship and interests of justice.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.