Selala and Others v Rand Water (J358/99) [2000] ZALC 60 (30 June 2000)

Selala and Others v Rand Water (J358/99) [2000] ZALC 60 (30 June 2000)

The court found that SAMWU does not have a direct and substantial interest in the specific dispute before the court, as the matter does not concern the interpretation or application of a collective agreement nor a general class action about unequal pay. The dispute is limited to alleged unfair discrimination regarding the failure to advertise a post internally before external recruitment. The applicants lack standing to prosecute a general complaint on behalf of all black staff, and SAMWU cannot be joined to create locus standi for such relief. Dr Kasan, although having a substantial interest, has elected to abide by the court's decision and does not require joinder. The application for...

Citation
[2000] ZALC 60
Parties
Applicant: Dr M I Selala & Others; Respondent: Rand Water
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
30 June 2000
Case Number
J358/99
Procedural Posture
Joinder Application / Interlocutory Application Prior to Main Hearing
Outcome
Application for joinder of SAMWU as third applicant is dismissed with costs.
Judges
Pillay
Legal Topics
Joinder of Parties, Unfair Discrimination, Affirmative Action, Failure to Promote
Labour Law Joinder of Parties Unfair Discrimination Affirmative Action Failure to Promote

Case Brief

Summary, issues, holding and outcome

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Parties

Dr M I Selala & Others

Applicant

Rand Water

Respondent

Procedural Posture

Joinder Application / Interlocutory Application Prior to Main Hearing

Legal Issues

  1. 1 Whether SAMWU and Dr Kasan should be joined as parties to the proceedings.
  2. 2 Whether the failure to advertise the post internally first amounted to unfair discrimination based on colour, race or political beliefs.
  3. 3 Whether the dispute falls within the jurisdiction of the Labour Court.

Ratio Decidendi

The court found that SAMWU does not have a direct and substantial interest in the specific dispute before the court, as the matter does not concern the interpretation or application of a collective agreement nor a general class action about unequal pay. The dispute is limited to alleged unfair discrimination regarding the failure to advertise a post internally before external recruitment. The applicants lack standing to prosecute a general complaint on behalf of all black staff, and SAMWU cannot be joined to create locus standi for such relief. Dr Kasan, although having a substantial interest, has elected to abide by the court's decision and does not require joinder. The application for...

Court Disposition

Application for joinder of SAMWU as third applicant is dismissed with costs.

Orders

  • The application for joinder of SAMWU as third applicant is dismissed with costs.
  • No order is made regarding Dr Kasan.