Zwane and Others v Moyo and Others (J 2414/19; J 34/20) [2022] ZALCJHB 304 (2 November 2022)

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case no: J 2414/19 & J 34/20

In the matter between:

PHUMZILE

ZWANE

First Applicant

NOKUSA

VERONICA LUTHULI Second Applicant

ZIKHALI

ELPHAS

LUTHULI

Third Applicant

and

JULIUS

MOYO

First Respondent

MBHEKISENI

MVUBU

Second Respondent

WILSON

MUTWANAMBA

Third Respondent

INQUBELAPHAMBILI TRADE

UNION

Fourth Respondent

Decided: In Chambers

Delivered: This judgment was handed down electronically by circulation to the parties' legal representatives through email. The date and time for hand-down is deemed to be 02 November 2022

JUDGMENT –

APPLICATION FOR LEAVE TO APPEAL

MAHOSI, J

[1] The respondents brought an application for leave to appeal against the order of this Court handed down on 26 February 2020 in the following terms:

‘1. The application to rescind the order granted by Nkutha-Nkontwana J, on 17 December 2019 is dismissed.

2. The first, second and third respondents are found to be in contempt of the Order by Nkutha-Nkontwana J.

3. The first, second and third respondents are fined an amount of R5 000.00 each for their failure to comply with the order of Nkutha-Nkontwana J, which fines are wholly suspended for a period of 12 months.

4. The dismissal of the applicants is declared invalid.

5. The applicants are barred from using the funds of the union ITU to pay their attorney’s costs.

6. The applicants must, within 15 days of this order, file an affidavit confirming that they have not used the union funds to pay for their attorney’s costs.

7. The Registrar of Labour is directed to investigate the affairs of the ITU and to report to this Court on affidavit what steps it intends taking in dealing with the situation at the ITU, within 15 days of the date of this Order.

8. The Registrar of the Labour Court is directed to furnish a copy of this judgment to the office of the Registrar of Labour.

9. There is no order as to costs.’

[2] Having had regard to the applicant’s submissions, I am not persuaded that there are reasonable prospects of a successful appeal. As such, I am of the view that this application is without merit and that it ought to be dismissed.

[3] With regard to costs, I am of the view that the requirements of law and fairness dictate that there should be no order as to costs.

[4] Accordingly, the following order is made:

Order

1. The application for leave to appeal is dismissed.

2. There is no order as to costs.

D. Mahosi

Judge of the Labour Court of South Africa