South African Municipal Workers Union (SAMWU) and Another v Nelson Mandela Metropolitan Municipality and Others (C359/2007) [2007] ZALC 208; (2007) 28 ILJ 2804 (LC) (7 August 2007)

South African Municipal Workers Union (SAMWU) and Another v Nelson Mandela Metropolitan Municipality and Others (C359/2007) [2007] ZALC 208; (2007) 28 ILJ 2804 (LC) (7 August 2007)

The Court found that the Applicants failed to establish urgency, as they delayed bringing the application despite being aware of the impending suspension for several weeks. The explanation for the delay was unpersuasive, and no special circumstances warranted urgent relief. The Second Applicant had an alternative remedy available by referring the dispute to the relevant bargaining council as an alleged unfair labour practice. On the merits, the Applicants did not establish a clear right to the relief sought. The suspension was based on misconduct, including incitement to unlawful conduct and insubordination, and not on political motives. The Court further held that the annexed documents...

Citation
[2007] ZALC 208
Parties
Applicant: South African Municipal Workers Union (SAMWU); Applicant: Davis Toyis; Respondent: Nelson Mandela Metropolitan Municipality; Respondent: Graham Richards; Respondent: Nondumiso Maphazi; Respondent: Mike Xego
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 August 2007
Case Number
C359/2007
Procedural Posture
Urgent Application / Application for Urgent Interim Relief; Application to Strike Out
Outcome
Application struck off the roll with costs; application to strike out succeeds with costs on attorney-client scale.
Judges
Basson
Legal Topics
Unfair Suspension, Urgent Interdict, Alternative Remedy, Hearsay Evidence, Striking Out Scandalous Matter
Labour Law Civil Procedure Unfair Suspension Urgent Interdict Alternative Remedy Hearsay Evidence Striking Out Scandalous Matter

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 5 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

South African Municipal Workers Union (SAMWU)

Applicant

Davis Toyis

Applicant

Nelson Mandela Metropolitan Municipality

Respondent

Graham Richards

Respondent

Nondumiso Maphazi

Respondent

Mike Xego

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief; Application to Strike Out

Legal Issues

  1. 1 Whether the application for urgent relief to overturn the Second Applicant's suspension is urgent and should be entertained.
  2. 2 Whether the suspension of the Second Applicant was unlawful, unconstitutional, or unfair.
  3. 3 Whether the Applicants have established a clear right to the relief sought.

Ratio Decidendi

The Court found that the Applicants failed to establish urgency, as they delayed bringing the application despite being aware of the impending suspension for several weeks. The explanation for the delay was unpersuasive, and no special circumstances warranted urgent relief. The Second Applicant had an alternative remedy available by referring the dispute to the relevant bargaining council as an alleged unfair labour practice. On the merits, the Applicants did not establish a clear right to the relief sought. The suspension was based on misconduct, including incitement to unlawful conduct and insubordination, and not on political motives. The Court further held that the annexed documents...

Court Disposition

Application struck off the roll with costs; application to strike out succeeds with costs on attorney-client scale.

Orders

  • The application is struck off the roll with costs.
  • The Respondents' application to strike out succeeds with costs on an attorney-client scale.