South Africa Case Law

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

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