South Africa Case Law

Siwani and Others v South African Transport and Allied Workers Union and Others (18375/2021)

Siwani and Others v South African Transport and Allied Workers Union and Others (18375/2021) [2022] ZAWCHC 237 (15 November 2022)

Court

Western Cape High Court, Cape Town

Case number

18375/2021

Judge

Goliath

The court found that the SATAWU Constitution does not empower the fourth and fifth respondents to suspend the applicants, whether on a precautionary or final basis. The Constitution vests disciplinary powers solely in the CEC and PEC Disciplinary Committees, depending on the office held. The POBC was inquorate at the time of the suspensions, rendering any decisions invalid. The Constitution only permits suspension as a sanction after a disciplinary hearing and does not provide for precautionary suspension pending investigation. The respondents' reliance on broad administrative powers and exte…

Source excerpt

• Trade Union Governance
• Precautionary Suspension
• Disciplinary Procedure
• Constitutional Interpretation
• Office Bearer Rights