South Africa Case Law

Mokgatla and Others v South African Municipal Workers Union and Others (21815/2014)

Mokgatla and Others v South African Municipal Workers Union and Others (21815/2014) [2014] ZAGPJHC 276 (29 September 2014)

Court

South Gauteng High Court, Johannesburg

Case number

21815/2014

Judge

Vally

The High Court has jurisdiction to adjudicate claims based on breach of contract arising from non-compliance with a trade union's constitution, provided the applicants do not rely on statutory remedies under the Labour Relations Act. The applicants' cause of action is founded exclusively on the unlawfulness of the respondents' conduct in failing to adhere to the union's constitution, not on unfair labour practices or statutory rights. The respondents did not contest the factual allegations or the merits, focusing only on jurisdiction. The sixth, eighth, and sixteenth applicants, being employe…

Source excerpt

• Trade Union Membership
• Expulsion And Suspension
• Breach Of Constitution
• Jurisdiction Of High Court
• Disciplinary Procedure

Radebe and Others v Ficksburg Taxi Association and Others (7139/2008)

Radebe and Others v Ficksburg Taxi Association and Others (7139/2008) [2009] ZAFSHC 37 (19 March 2009)

Court

Free State High Court, Bloemfontein

Case number

7139/2008

Judge

K.J. Moloi

The High Court ordered a taxi association to protect members’ route rights and restrained executive members from interfering with taxi ranks and operations.

• Taxi Association Governance
• Breach Of Constitution
• Unlawful Interference
• Operating Licence Rights
• Taxi-association-governance
• Operating-licence-rights