Theron and Others v Food & Allied Workers Union and Others (C52; C53/97) [1997] ZALC 3 (10 June 1997)

Theron and Others v Food & Allied Workers Union and Others (C52; C53/97) [1997] ZALC 3 (10 June 1997)

The Labour Court held that the NEC resolution of 7 February 1997 removing the applicants as National Office Bearers was invalid due to non-compliance with the peremptory quorum requirement in the FAWU constitution. The absence of a quorum rendered the resolution a nullity, and the applicants were entitled to approach the court for relief without first exhausting internal remedies. The subsequent NEC meeting of 28 February to 1 March 1997, although challenged on procedural grounds, was found to have complied with notice and consultation requirements, and the alleged irregularities did not amount to fatal constitutional breaches. The court distinguished between decisions taken by majority...

Citation
[1997] ZALC 3
Parties
Applicant: Ernest Theron; Applicant: Papiki Moeng; Applicant: Richard Mpongose; Respondent: Food & Allied Workers Union; Respondent: Peter Malepe; Respondent: Mandla Gxanyana
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 June 1997
Case Number
C52; C53/97
Procedural Posture
Urgent Application / Judgment After Transfer From High Court; Costs and Merits Decided
Outcome
First application: applicants entitled to costs; second application dismissed with costs.
Judges
D Mlambo
Legal Topics
Trade Union Governance, Freedom of Association, Internal Dispute Resolution, Natural Justice, Union Constitution Interpretation
Labour Law Civil Procedure Trade Union Governance Freedom of Association Internal Dispute Resolution Natural Justice Union Constitution Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Ernest Theron

Applicant

Papiki Moeng

Applicant

Richard Mpongose

Applicant

Food & Allied Workers Union

Respondent

Peter Malepe

Respondent

Mandla Gxanyana

Respondent

Procedural Posture

Urgent Application / Judgment After Transfer From High Court; Costs and Merits Decided

Legal Issues

  1. 1 Whether the resolutions of the National Executive Council (NEC) of FAWU removing the applicants as National Office Bearers were valid.
  2. 2 Whether procedural and constitutional requirements, including quorum and notice, were complied with at the NEC meetings.
  3. 3 Whether the Labour Court had jurisdiction to adjudicate the dispute without prior conciliation or exhaustion of internal remedies.

Ratio Decidendi

The Labour Court held that the NEC resolution of 7 February 1997 removing the applicants as National Office Bearers was invalid due to non-compliance with the peremptory quorum requirement in the FAWU constitution. The absence of a quorum rendered the resolution a nullity, and the applicants were entitled to approach the court for relief without first exhausting internal remedies. The subsequent NEC meeting of 28 February to 1 March 1997, although challenged on procedural grounds, was found to have complied with notice and consultation requirements, and the alleged irregularities did not amount to fatal constitutional breaches. The court distinguished between decisions taken by majority...

Court Disposition

First application: applicants entitled to costs; second application dismissed with costs.

Orders

  • The applicants are awarded costs in respect of the first application, including the costs of two counsel.
  • The second application is dismissed with costs.