SAMWU and Others v Mogalakwena Municipality and Others (J 279/2023) [2023] ZALCJHB 37 (9 March 2023)
Court
Labour Court Johannesburg
Case number
J 279/2023
Judge
Van Niekerk
The Labour Court struck an urgent application from the roll, finding it premature because a ruling on legal representation in the disciplinary hearing was still pending.
Health and Other Service Personnel Trade Union of South Africa v South African Nursing Council and Another; Democratic Nursing Organisation of South Africa and Another v South African Nursing Council and Others; Chris Hani Baragwanath Nursing Students and Others v South African Nursing Council and Another (43415-2017; 43435-2017; 43526-2017) [2017] ZAGPPHC 298 (30 June 2017)
Court
North Gauteng High Court, Pretoria
Case number
43415-2017; 43435-2017; 43526-2017
Judge
Fabricius
The court held that the South African Nursing Council's decision to cancel and reschedule the nursing examinations was reasonable and justified in light of widespread irregularities and the need to protect the integrity of the examination process. While the audi alteram partem principle and procedural fairness under PAJA are important, the scale of the irregularities and the urgency of the situation made it physically impossible to afford hearings to all affected students or their representatives. The Council acted within its statutory powers and in accordance with its duty to maintain standa…
