South Africa Case Law

New Kleinfontein Goldmine (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J 1457/2023)

New Kleinfontein Goldmine (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J 1457/2023) [2023] ZALCJHB 300; (2024) 45 ILJ 159 (LC) (24 October 2023)

Court

Labour Court Johannesburg

Case number

J 1457/2023

Judge

Prinsloo

The court found that the closed shop agreement between the applicant and NUM remains in force and has not been lawfully terminated in accordance with section 26(15)-(16) of the LRA. All employees in the bargaining unit, including those who hold dual membership with AMCU, are members of NUM by operation of the closed shop agreement and are bound by the collective agreements concluded between the applicant and NUM. The wage agreement contains a peace clause that expressly prohibits strike action over organisational rights. The prohibition applies to all employees subject to the agreement, regar…

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• Closed Shop Agreement
• Organisational Rights
• Peace Clause
• Strike Interdict
• Collective Agreement
• Majoritarian Principle

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17)

Wholesale Housing Supplies (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J1948/17) [2017] ZALCJHB 312 (29 August 2017)

Court

Labour Court Johannesburg

Case number

J1948/17

Judge

Lagrange

Urgent Labour Court interdict over NUMSA strike. The court held wage-renegotiation demands were unprotected, but a demand for bargaining recognition could still be struck for.

• Protected Strike Action
• Collective Bargaining Rights
• Majoritarian Principle
• Extension Of Collective Agreements
• Section 65 Lra
• Urgency Requirements

Chamber of Mines of South Africa v AMCU and Others (J 99/14)

Chamber of Mines of South Africa v AMCU and Others (J 99/14) [2014] ZALCJHB 13; [2014] 3 BLLR 258 (LC) (30 January 2014)

Court

Labour Court Johannesburg

Case number

J 99/14

Judge

Cele

The court found that the applicant had established that the various mining operations of Harmony, AngloGold Ashanti, and Sibanye constituted single workplaces for each entity, based on centralised management, policies, and collective bargaining structures. The majority unions (NUM, Solidarity, and UASA) held majority representation at each workplace at the time of the wage agreement. The wage agreement was validly extended to non-party employees, including AMCU members, under section 23(1)(d) of the LRA. The constitutional right to strike, while protected, may be limited by national legislati…

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• Collective Bargaining
• Extension Of Collective Agreement
• Right To Strike
• Majoritarian Principle
• Interim Interdict
• Workplace Definition

Oriani-Ambrosini v Sisulu (11635/2010)

Oriani-Ambrosini v Sisulu (11635/2010) [2012] ZAWCHC 41 (14 March 2012)

Court

Western Cape High Court, Cape Town

Case number

11635/2010

Judge

Allie

The High Court dismissed an application for leave to appeal, finding the applicant had departed from his founding papers and raised no appealable constitutional issue.

• Leave To Appeal
• Majoritarian Principle
• Protection Of Minorities
• Plain Reading Of Rules
• Leave-to-appeal
• Constitutional-law

Oriani-Ambrosini v Sisulu (11635/2010)

Oriani-Ambrosini v Sisulu (11635/2010) [2011] ZAWCHC 501 (8 December 2011)

Court

Western Cape High Court, Cape Town

Case number

11635/2010

Judge

Allie

The court held that the Rules of the National Assembly requiring prior permission for the introduction of Private Members' Bills do not contravene the Constitution. Section 73(2) grants members the right to introduce Bills, but the process is subject to the Assembly's Rules under Section 57. The majoritarian principle is a legitimate aspect of parliamentary democracy and does not undermine multi-party participation. The applicant failed to subject his legislative proposal to the prescribed committee process and thus cannot claim that the Rules stifle debate or violate constitutional rights. T…

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• Parliamentary Rules
• Bill Introduction
• Separation Of Powers
• Promotion Of Administrative Justice Act
• Majoritarian Principle
• Multi Party Democracy

Plastics Convertors Association of South Africa v Association of Electric Cable Manufacturers of South Africa and Others (J1212/11)

Plastics Convertors Association of South Africa v Association of Electric Cable Manufacturers of South Africa and Others (J1212/11) [2011] ZALCJHB 59; [2011] 11 BLLR 1095 (LC); (2011) 32 ILJ 3007 (LC) (18 July 2011)

Court

Labour Court Johannesburg

Case number

J1212/11

Judge

AC Basson

The court found that the applicant was not a party to the dispute before the MEIBC and therefore did not need to be involved in the conciliation process. The MEIBC was not required by its Constitution or section 64(3) of the LRA to convene a conciliation meeting with the applicant. The unions complied with section 64(1) of the LRA by referring the dispute to the Council and obtaining a certificate of non-resolution. Employees of non-party employers, including those of the applicant, are entitled to participate in protected strike action once the dispute has been dealt with by the Council. Not…

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• Protected Strike
• Bargaining Council Jurisdiction
• Conciliation Procedure
• Strike Notice Requirements
• Majoritarian Principle