Zwane and Others v Moyo and Others (J2414/19; J34/20) [2020] ZALCJHB 54 (26 February 2020)

Zwane and Others v Moyo and Others (J2414/19; J34/20) [2020] ZALCJHB 54 (26 February 2020)

The Labour Court found that the respondents lacked locus standi to bring the rescission application, as they failed to provide any resolution authorizing them to act on behalf of the union. The respondents' reliance on defective service was rejected, as they were aware of the proceedings and failed to oppose the application. The respondents did not disclose any facts that would have persuaded the court not to grant the original order. Regarding contempt, the respondents were found to have acted in wilful disregard of the Labour Court order by dismissing the applicants without a properly constituted NEC and without holding a National Congress as required. The dismissals were declared...

Citation
[2020] ZALCJHB 54
Parties
Applicant: Phumzile Zwane; Applicant: Nokusa Veronica Luthuli; Applicant: Zikhali Elphas Luthuli; Respondent: Julius Moyo; Respondent: Mbhekiseni Mvubu; Respondent: Wilson Mutwanamba; Respondent: Inqubelaphambili Trade Union
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 February 2020
Case Number
J2414/19; J34/20
Procedural Posture
Urgent Application / Judgment on Consolidated Urgent Application, Rescission, Contempt, and Invalid Dismissal
Outcome
Rescission application dismissed; respondents found in contempt; dismissals declared invalid; fines imposed and suspended; remedial and investigative orders issued; no costs order.
Judges
Mahosi
Legal Topics
Contempt of Court, Unlawful Dismissal, Trade Union Governance, Rescission of Order, Locus Standi
Labour Law Civil Procedure Contempt of Court Unlawful Dismissal Trade Union Governance Rescission of Order Locus Standi

Case Brief

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Parties

Phumzile Zwane

Applicant

Nokusa Veronica Luthuli

Applicant

Zikhali Elphas Luthuli

Applicant

Julius Moyo

Respondent

Mbhekiseni Mvubu

Respondent

Wilson Mutwanamba

Respondent

Inqubelaphambili Trade Union

Respondent

Procedural Posture

Urgent Application / Judgment on Consolidated Urgent Application, Rescission, Contempt, and Invalid Dismissal

Legal Issues

  1. 1 Whether the respondents have locus standi to bring the rescission application.
  2. 2 Whether the respondents were in contempt of the Labour Court order granted on 17 December 2019.
  3. 3 Whether the dismissal of the applicants was valid and lawful.

Ratio Decidendi

The Labour Court found that the respondents lacked locus standi to bring the rescission application, as they failed to provide any resolution authorizing them to act on behalf of the union. The respondents' reliance on defective service was rejected, as they were aware of the proceedings and failed to oppose the application. The respondents did not disclose any facts that would have persuaded the court not to grant the original order. Regarding contempt, the respondents were found to have acted in wilful disregard of the Labour Court order by dismissing the applicants without a properly constituted NEC and without holding a National Congress as required. The dismissals were declared...

Court Disposition

Rescission application dismissed; respondents found in contempt; dismissals declared invalid; fines imposed and suspended; remedial and investigative orders issued; no costs order.

Orders

  • The application to rescind the order granted by Nkutha-Nkontwana, J on 17 December 2019 is dismissed.
  • The first, second and third respondents are found to be in contempt of the order of Nkutha-Nkontwana, J.