Tshililo and Others v City of Johannesburg and Others (JA33/2017) [2018] ZALAC 34; [2018] 12 BLLR 1180 (LAC) (31 May 2018)

Tshililo and Others v City of Johannesburg and Others (JA33/2017) [2018] ZALAC 34; [2018] 12 BLLR 1180 (LAC) (31 May 2018)

The Labour Appeal Court held that both the special CEC meetings convened by the Tshililo and Molalenyane factions were irregular and incompetent, as they did not comply with the procedural requirements of the SAMWU constitution, including proper notice, quorum, and attendance by legitimate office-bearers. The expulsion of the Tshililo faction members stood until set aside, and the only valid elections were those held in 2015, which established the Molalenyane faction as the legitimate office-bearers of SAMWU. The Labour Court acted correctly in reverting to the 2015 elective meetings to determine the legitimate leadership, and its orders were based on undisputed facts and proper...

Citation
[2018] ZALAC 34
Parties
Appellant: Timson Tshililo; Appellant: Nomvula Hadi; Appellant: Thebeitsile Mokoto; Appellant: Nkhetheni Muthavhi; Appellant: Vukile Mlungwana; Appellant: Nonceba Mbilini; Appellant: Vuyani Singonzo; Appellant: Paul Tlhabang; Appellant: Meisie Sekaledi; Respondent: City of Johannesburg; Respondent: South African Municipal Workers Union; Respondent: Pule Molalenyane; Respondent: John Dlamini; Respondent: Portia Lindi; Respondent: Simon Mathe; Respondent: Moses Miya; Respondent: Justice Sera; Respondent: Vusi Mashile; Respondent: Caleb Mokoena; Respondent: Priscilla Ntsuba; Respondent: Duma Lebakeng; Respondent: Somora Ndlovu; Respondent: Stanley Moloko; Respondent: Khayalethu Nyathi; Respondent: Rachel Matsepe; Respondent: Bafana Zungu; Respondent: Thomas Lebea; Respondent: South African Local Government Association
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
31 May 2018
Case Number
JA33/2017
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed; Labour Court's judgment and orders upheld.
Judges
Waglay JP, Phatshoane ADJP, Savage AJA
Legal Topics
Trade Union Leadership Dispute, Union Constitution Interpretation, Locus Standi, Expulsion of Union Members, Validity of Union Elections
Labour Law Civil Procedure Trade Union Leadership Dispute Union Constitution Interpretation Locus Standi Expulsion of Union Members Validity of Union Elections

Case Brief

Summary, issues, holding and outcome

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Parties

Timson Tshililo

Appellant

Nomvula Hadi

Appellant

Thebeitsile Mokoto

Appellant

Nkhetheni Muthavhi

Appellant

Vukile Mlungwana

Appellant

Nonceba Mbilini

Appellant

Vuyani Singonzo

Appellant

Paul Tlhabang

Appellant

Meisie Sekaledi

Appellant

City of Johannesburg

Respondent

South African Municipal Workers Union

Respondent

Pule Molalenyane

Respondent

John Dlamini

Respondent

Portia Lindi

Respondent

Simon Mathe

Respondent

Moses Miya

Respondent

Justice Sera

Respondent

Vusi Mashile

Respondent

Caleb Mokoena

Respondent

Priscilla Ntsuba

Respondent

Duma Lebakeng

Respondent

Somora Ndlovu

Respondent

Stanley Moloko

Respondent

Khayalethu Nyathi

Respondent

Rachel Matsepe

Respondent

Bafana Zungu

Respondent

Thomas Lebea

Respondent

South African Local Government Association

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the special CEC meetings convened by the Tshililo and Molalenyane factions were valid and constitutionally compliant.
  2. 2 Whether the expulsion of members of the Tshililo faction was lawful under the SAMWU constitution.
  3. 3 Which faction's office-bearers were legitimately elected and entitled to hold office in SAMWU.

Ratio Decidendi

The Labour Appeal Court held that both the special CEC meetings convened by the Tshililo and Molalenyane factions were irregular and incompetent, as they did not comply with the procedural requirements of the SAMWU constitution, including proper notice, quorum, and attendance by legitimate office-bearers. The expulsion of the Tshililo faction members stood until set aside, and the only valid elections were those held in 2015, which established the Molalenyane faction as the legitimate office-bearers of SAMWU. The Labour Court acted correctly in reverting to the 2015 elective meetings to determine the legitimate leadership, and its orders were based on undisputed facts and proper...

Court Disposition

Appeal dismissed; Labour Court's judgment and orders upheld.

Orders

  • The appeal is dismissed.
  • No order as to costs is made.