Vosloo NO and Another v South African Medical Association NPC and Another (J1973/19) [2020] ZALCJHB 96; (2020) 41 ILJ 2482 (LC) (18 May 2020)

Vosloo NO and Another v South African Medical Association NPC and Another (J1973/19) [2020] ZALCJHB 96; (2020) 41 ILJ 2482 (LC) (18 May 2020)

The court held that, regardless of SAMA's historical management of the union as a business division, the union exists in law as a separate, independent statutory body subject to the Labour Relations Act. SAMA cannot deny the existence of the union or its obligations to provide information and assistance to the administrator. The deductions made via the PERSAL payroll system are trade union subscriptions, and those members are union members for statutory purposes. The administrator is entitled to all necessary information, documents, and assistance from SAMA to fulfil his mandate. SAMA's refusal to cooperate is not justified, and the relief sought by the administrator is warranted. Costs...

Citation
[2020] ZALCJHB 96
Parties
Applicant: Gerhard Vosloo N.O.; Applicant: South African Medical Association Trade Union (under administration); Respondent: South African Medical Association NPC; Respondent: Registrar of Labour Relations
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 May 2020
Case Number
J1973/19
Procedural Posture
Urgent Application / Final Order on Urgent Application
Outcome
Application granted. SAMA ordered to provide information and assistance to the administrator. Declaratory orders made regarding union membership and deductions. Costs awarded to applicants.
Judges
Van Niekerk
Legal Topics
Trade Union Administration, Statutory Rights of Administrator, Deduction of Union Subscriptions, Freedom of Association, Organisational Rights, Costs Order
Labour Law Civil Procedure Trade Union Administration Statutory Rights of Administrator Deduction of Union Subscriptions Freedom of Association Organisational Rights Costs Order

Case Brief

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Parties

Gerhard Vosloo N.O.

Applicant

South African Medical Association Trade Union (under administration)

Applicant

South African Medical Association NPC

Respondent

Registrar of Labour Relations

Respondent

Procedural Posture

Urgent Application / Final Order on Urgent Application

Legal Issues

  1. 1 Whether the South African Medical Association NPC is obliged to provide the administrator of the trade union with all necessary information and assistance to perform his duties.
  2. 2 Whether the union exists as a separate legal entity independent of SAMA.
  3. 3 Whether deductions made via the PERSAL payroll system are union subscriptions and whether those members are union members.

Ratio Decidendi

The court held that, regardless of SAMA's historical management of the union as a business division, the union exists in law as a separate, independent statutory body subject to the Labour Relations Act. SAMA cannot deny the existence of the union or its obligations to provide information and assistance to the administrator. The deductions made via the PERSAL payroll system are trade union subscriptions, and those members are union members for statutory purposes. The administrator is entitled to all necessary information, documents, and assistance from SAMA to fulfil his mandate. SAMA's refusal to cooperate is not justified, and the relief sought by the administrator is warranted. Costs...

Court Disposition

Application granted. SAMA ordered to provide information and assistance to the administrator. Declaratory orders made regarding union membership and deductions. Costs awarded to applicants.

Orders

  • The first respondent is directed, within five days, to provide the applicant with all information regarding members of the second applicant, including those employed in the public sector and whose union subscriptions are deducted via the PERSAL payroll system.
  • The first respondent must provide all necessary assistance to ensure the information is accessible and complete.