Sgt Pepper's Knitwear and Another v SA Clothing and Textiles Workers Union and Others (C 769/10) [2012] ZALCCT 7; [2012] 6 BLLR 627 (LC); (2012) 33 ILJ 2178 (LC) (29 February 2012)

Sgt Pepper's Knitwear and Another v SA Clothing and Textiles Workers Union and Others (C 769/10) [2012] ZALCCT 7; [2012] 6 BLLR 627 (LC); (2012) 33 ILJ 2178 (LC) (29 February 2012)

The applicants lack locus standi under section 105(1) of the Labour Relations Act, which restricts applications for declarations of non-independence of trade unions to registered trade unions. The constitutional challenge to section 105(1) is moot because the applicants' factual allegations do not establish that SACTWU is under the control of an employer or employers' organisation, as required by section 95(2) of the LRA. The evidence shows that SACTWU's shareholding in HCI does not compromise its independence, and there is no 'sweetheart' relationship with Seardel. The court is not required to decide the constitutional issue as the matter can be disposed of on the merits. The application...

Citation
[2012] ZALCCT 7
Parties
Applicant: Sgt Pepper's Knitwear; Applicant: Abbey Road Fashions CC; Respondent: SA Clothing and Textile Workers Union (SACTWU); Respondent: National Bargaining Council for the Clothing Industry; Respondent: Registrar of Labour; Respondent: Minister of Labour
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
29 February 2012
Case Number
C 769/10
Procedural Posture
Constitutional Challenge / Final Judgment
Outcome
Application dismissed with costs, payable jointly and severally by the applicants and Mr JJ Visser.
Judges
Steenkamp
Legal Topics
Locus Standi, Trade Union Independence, Access to Courts, Declaratory Relief, Costs in Constitutional Litigation
Labour Law Constitutional Law Locus Standi Trade Union Independence Access to Courts Declaratory Relief Costs in Constitutional Litigation

Case Brief

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Parties

Sgt Pepper's Knitwear

Applicant

Abbey Road Fashions CC

Applicant

SA Clothing and Textile Workers Union (SACTWU)

Respondent

National Bargaining Council for the Clothing Industry

Respondent

Registrar of Labour

Respondent

Minister of Labour

Respondent

Procedural Posture

Constitutional Challenge / Final Judgment

Legal Issues

  1. 1 Whether section 105(1) of the Labour Relations Act unconstitutionally limits access to courts for employers.
  2. 2 Whether the applicants have locus standi to challenge the independence of a trade union under the LRA.
  3. 3 Whether SACTWU is not independent as alleged by the applicants.

Ratio Decidendi

The applicants lack locus standi under section 105(1) of the Labour Relations Act, which restricts applications for declarations of non-independence of trade unions to registered trade unions. The constitutional challenge to section 105(1) is moot because the applicants' factual allegations do not establish that SACTWU is under the control of an employer or employers' organisation, as required by section 95(2) of the LRA. The evidence shows that SACTWU's shareholding in HCI does not compromise its independence, and there is no 'sweetheart' relationship with Seardel. The court is not required to decide the constitutional issue as the matter can be disposed of on the merits. The application...

Court Disposition

Application dismissed with costs, payable jointly and severally by the applicants and Mr JJ Visser.

Orders

  • The application is dismissed with costs.
  • Costs to be paid by the applicants and Mr JJ Visser jointly and severally, the one paying, the other to be absolved.