Smith v National Lotteries Commission and Another (JR358/18) [2018] ZALCJHB 198 (18 May 2018)

Smith v National Lotteries Commission and Another (JR358/18) [2018] ZALCJHB 198 (18 May 2018)

The application was dismissed primarily on the basis of non-joinder, as the Minister of Trade and Industry, who has a direct and substantial interest in the disciplinary powers over members of the Distributing Agency, was not joined as a party. The Court found that the applicant's reliance on section 26D of the Lotteries Act was misplaced, as her employment contract with the National Lotteries Commission subjected her to its disciplinary code. Furthermore, the Court held that the applicant had alternative remedies under the Labour Relations Act and that intervention in incomplete disciplinary proceedings is not warranted unless exceptional circumstances exist, which were absent in this...

Citation
[2018] ZALCJHB 198
Parties
Applicant: Iveda Valerie Smith; Respondent: National Lotteries Commission; Respondent: Kgoana Mamogale: Chairman of the Disciplinary Enquiry
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 May 2018
Case Number
JR358/18
Procedural Posture
Review Application / Final Judgment After Expedited Hearing
Outcome
Application dismissed.
Judges
Nkutha-Nkontwana
Legal Topics
Disciplinary Proceedings, Non Joinder, Declaratory Relief, Alternative Remedy, Jurisdiction of Employer
Labour Law Administrative Law Disciplinary Proceedings Non Joinder Declaratory Relief Alternative Remedy Jurisdiction of Employer

Case Brief

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Parties

Iveda Valerie Smith

Applicant

National Lotteries Commission

Respondent

Kgoana Mamogale: Chairman of the Disciplinary Enquiry

Respondent

Procedural Posture

Review Application / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether the National Lotteries Commission has the power to institute disciplinary proceedings against a member of the Distributing Agency appointed by the Minister.
  2. 2 Whether the Minister is a necessary party to the proceedings and should have been joined.
  3. 3 Whether the applicant is entitled to declaratory relief or an interdict in light of available alternative remedies under the LRA.

Ratio Decidendi

The application was dismissed primarily on the basis of non-joinder, as the Minister of Trade and Industry, who has a direct and substantial interest in the disciplinary powers over members of the Distributing Agency, was not joined as a party. The Court found that the applicant's reliance on section 26D of the Lotteries Act was misplaced, as her employment contract with the National Lotteries Commission subjected her to its disciplinary code. Furthermore, the Court held that the applicant had alternative remedies under the Labour Relations Act and that intervention in incomplete disciplinary proceedings is not warranted unless exceptional circumstances exist, which were absent in this...

Court Disposition

Application dismissed.

Orders

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