South Africa Case Law

Registrar of Labour Relations v Simunye Workers Forum (JA115/2023)

Registrar of Labour Relations v Simunye Workers Forum (JA115/2023) [2025] ZALAC 40; - (26 June 2025)

Court

Labour Appeal Court

Case number

JA115/2023

Judges

Savage ADJP, Nkutha-Nkontwana JA, Mooki AJA

The Labour Appeal Court found that SWF's constitution does not comply with the mandatory requirements of section 95(5) of the Labour Relations Act. Specifically, the constitution fails to establish the office of secretary and define its functions, does not provide for office-bearers, officials, or trade union representatives as defined in the Act, and lacks prescribed procedures for their nomination, election, removal, and appeals. The Court held that the ad hoc appointment of a secretary at each meeting does not constitute the establishment of an office, and the absence of officials or offic…

Source excerpt

• Trade Union Registration
• Freedom Of Association
• Section 95 Requirements
• Genuineness Guidelines
• Constitutional Rights
• Judicial Review

Swimming South Africa v South African Water Polo NPC and Others (2025/040663)

Swimming South Africa v South African Water Polo NPC and Others (2025/040663) [2025] ZAWCHC 249 (18 June 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/040663

Judge

J Cloete

The High Court dismissed Swimming South Africa’s urgent bid to stop South African Water Polo NPC from forming and organising water polo, finding no clear right or unlawful interference.

• Interdictory Relief
• Governance Of Sporting Bodies
• National Federation Recognition
• Freedom Of Association
• Passing Off
• Statutory Rights Under Nsra

Registrar of Labour Relations v Simunye Workers Forum (JA 115/2023)

Registrar of Labour Relations v Simunye Workers Forum (JA 115/2023) [2025] ZALAC 32; (2025) 46 ILJ 1906 (LAC) (26 May 2025)

Court

Labour Appeal Court

Case number

JA 115/2023

Judges

Savage ADJP, Nkutha-Nkontwana JA, Mooki AJA

The Labour Appeal Court upheld the Registrar’s refusal to register Simunye Workers Forum, finding its constitution did not satisfy section 95(5) of the LRA.

• Trade Union Registration
• Section 95 Compliance
• Freedom Of Association
• Genuineness Of Union
• Constitutional Rights
• Interpretation Of Statutes

AMCU obo Maluleke and Others v Gold Plat Recovery (Pty) Ltd (JS202/21)

AMCU obo Maluleke and Others v Gold Plat Recovery (Pty) Ltd (JS202/21) [2024] ZALCJHB 289; [2024] 10 BLLR 1043 (LC); (2024) 45 ILJ 2734 (LC) (29 July 2024)

Court

Labour Court Johannesburg

Case number

JS202/21

Judge

RN Daniels

The Labour Court held that five AMCU members were dismissed for union membership and recruitment, making the dismissals automatically unfair. Reinstatement was ordered.

• Automatically Unfair Dismissal
• Freedom Of Association
• Union Membership Discrimination
• Retrospective Reinstatement
• Procedural Fairness
• Section 187 Lra

Public Servants Association of South Africa v Department of Employment and Labour and Another (J 616/22)

Public Servants Association of South Africa v Department of Employment and Labour and Another (J 616/22) [2024] ZALCJHB 172; (2024) 45 ILJ 1646 (LC) (2 May 2024)

Court

Labour Court Johannesburg

Case number

J 616/22

Judge

L Steenkamp

The Registrar of Labour Relations erred in law and fact by refusing to register the applicant's amended constitution solely on the basis of dual registration under the LRA and Companies Act. The Labour Relations Act does not prohibit dual registration, nor does it equate incorporation as a non-profit company with a lack of independence from employers or employers' organisations. The Registrar failed to apply the statutory guidelines, which require examination of the actual operation, membership, and activities of the trade union to determine its genuineness and independence. There was no evid…

Source excerpt

• Trade Union Registration
• Freedom Of Association
• Independence Of Trade Unions
• Labour Relations Act
• Administrative Decision Review

One Movement South Africa NPC v President of the Republic of South Africa and Others (CCT 158/23)

One Movement South Africa NPC v President of the Republic of South Africa and Others (CCT 158/23) [2023] ZACC 42; 2024 (3) BCLR 364 (CC); 2024 (2) SA 148 (CC) (4 December 2023)

Court

Constitutional Court

Case number

CCT 158/23

Judges

Zondo, Maya, Kollapen, Mathopo, Mhlantla, Rogers, Schippers, Theron, Van Zyl

The Constitutional Court struck down the independent-candidate signature threshold in section 31B(3), suspended invalidity for 24 months, and dismissed the recalculation challenge.

• Electoral Act
• Political Rights
• Limitation Of Rights
• Proportional Representation
• Freedom Of Association
• Constitutional Invalidity

National Union of Metalworkers of South Africa and Others v Ntlokose (JA84/2022)

National Union of Metalworkers of South Africa and Others v Ntlokose (JA84/2022) [2023] ZALAC 32; [2024] 3 BLLR 260 (LAC); (2024) 45 ILJ 495 (SCA) (28 November 2023)

Court

Labour Appeal Court

Case number

JA84/2022

Judges

Mlambo JA, Davis JA, Smith AJA

The Labour Appeal Court held that the NUMSA constitution, properly interpreted, empowers the National Executive Committee and Regional Executive Committees to place members or officials on precautionary suspension pending disciplinary proceedings, but does not vest such power in the Central Committee unless the relevant subsidiary structure is unable to act. The Central Committee's suspension of the respondent was ultra vires and invalid, as it arrogated powers specifically allocated to another constitutional structure. The suspensions of other members were valid as they were effected by the…

Source excerpt

• Trade Union Constitution
• Precautionary Suspension
• Ultra Vires
• Freedom Of Association
• Disciplinary Procedure
• Accreditation Of Delegates

Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC and Others (CCT 132/22)

Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC and Others (CCT 132/22) [2023] ZACC 19; 2023 (10) BCLR 1153 (CC) (26 June 2023)

Court

Constitutional Court

Case number

CCT 132/22

Judges

Zondo CJ, Kollapen J, Madlanga J, Majiedt J, Makgoka AJ, Mathopo J, Potterill AJ, Rogers J, Theron J

The Constitutional Court refused leave to appeal, holding that Bliss Brands had submitted to the Advertising Regulatory Board’s jurisdiction by participating without objection.

• Jurisdiction Of Non Statutory Bodies
• Submission To Jurisdiction
• Freedom Of Expression
• Freedom Of Association
• Self Regulation In Advertising
• Procedural Fairness

Simunye Workers Forum v Registrar of Labour Relations (J 1375/2022)

Simunye Workers Forum v Registrar of Labour Relations (J 1375/2022) [2023] ZALCJHB 191; (2023) 44 ILJ 2021 (LC); [2023] 10 BLLR 1071 (LC) (21 June 2023)

Court

Labour Court Johannesburg

Case number

J 1375/2022

Judge

Van Niekerk

The Labour Court upheld an appeal against refusal to register Simunye Workers Forum as a trade union, finding its constitution compliant and the registrar’s approach too rigid.

• Trade Union Registration
• Genuineness Requirement
• Freedom Of Association
• Independence Of Trade Unions
• Constitutional Interpretation
• Trade-union-registration

South African Clothing & Textile Workers Union (SACTWU) and Others v Nutrichem (Pty) Ltd (JS731/19)

South African Clothing & Textile Workers Union (SACTWU) and Others v Nutrichem (Pty) Ltd (JS731/19) [2022] ZALCJHB 362 (30 November 2022)

Court

Labour Court Johannesburg

Case number

JS731/19

Judge

Swartz

Labour Court found Nutrichem’s dismissal of 18 SACTWU members automatically unfair and ordered retrospective reinstatement with 24 months’ backpay.

• Automatically Unfair Dismissal
• Freedom Of Association
• Minimum Wage
• Reinstatement
• Section 189 Retrenchment
• Backpay