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South Africa decisions
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Mahlangu v South African Transport and Allied Workers Union (J 102/2023) [2023] ZALCJHB 180 (5 June 2023)
The Labour Court held that the union’s National Office Bearers acted ultra vires by suspending an elected provincial secretary without constitutional authority.
South African Chemical Workers' Union (SACWU) and Another v Modise (J1524/17) [2017] ZALCJHB 265 (7 July 2017)
The Labour Court does not have jurisdiction under section 158(1)(e)(i) of the LRA to determine disputes between a union and an office bearer who is not a member. The applicants failed to provide evidence that the respondent was a member of the union in the sense required by the statute. Attempts to reconfigure the dispute by relying on the President's membership status were rejected, as the President brought the application jointly with the union and could not simultaneously represent both the union and the member party. The application was dismissed for lack of jurisdiction.
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