South Africa Case Law

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…

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

Ntlokose v National Union of Metal Workers of South Africa (NUMSA) and Others (J885/22)

Ntlokose v National Union of Metal Workers of South Africa (NUMSA) and Others (J885/22) [2022] ZALCJHB 195 (28 July 2022)

Court

Labour Court Johannesburg

Case number

J885/22

Judge

G N Moshoana

The court held that the NUMSA constitution is a statutory document and must be interpreted according to its express terms. Implied terms, as may be found in commercial contracts, have no place in a trade union constitution. The powers to suspend or place members under administration are limited to those bodies and circumstances expressly provided for in the constitution. The court found no provision for precautionary suspension or for the Central Committee or Regional Executive Committee to exercise such powers absent express authority. The applicant's locus standi was not denied by the const…

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• Trade Union Constitution
• Implied Terms
• Leave To Appeal
• Powers Of Union Officials
• Precautionary Suspension

Tonyela and Others v National Union of Metal Workers Union of South Africa (J 300/22)

Tonyela and Others v National Union of Metal Workers Union of South Africa (J 300/22) [2022] ZALCJHB 67; (2022) 43 ILJ 1895 (LC) (18 March 2022)

Court

Labour Court Johannesburg

Case number

J 300/22

Judge

G N Moshoana

Urgent Labour Court application over alleged Numsa constitution breaches failed because the applicants did not prove any non-compliance.

• Trade Union Constitution
• Urgent Interdict
• Jurisdiction Of Labour Court
• Non Compliance Allegation
• Trade-union-constitution
• Urgent-interdict

Elias and Others v Morifi and Others (J1246/21)

Elias and Others v Morifi and Others (J1246/21) [2021] ZALCJHB 350; (2022) 43 ILJ 382 (LC) (15 October 2021)

Court

Labour Court Johannesburg

Case number

J1246/21

Judge

Van Niekerk

The Labour Court dismissed an urgent challenge to PAWUSA NEC decisions, holding that the dispute was between union office-bearers and fell outside its jurisdiction.

• Trade Union Constitution
• Jurisdiction Of Labour Court
• Office Bearer Disputes
• Section 158 Lra
• Trade-union-constitution
• Labour-court-jurisdiction

South African Municipal Workers' Union and Others v Mokgatla and Others (20810/2014)

South African Municipal Workers' Union and Others v Mokgatla and Others (20810/2014) [2016] ZASCA 24; [2016] 2 All SA 451 (SCA); [2016] 6 BLLR 560 (SCA); (2016) 37 ILJ 1317 (SCA); 2016 (5) SA 89 (SCA) (18 March 2016)

Court

Supreme Court of Appeal

Case number

20810/2014

Judges

Maya, Wallis, Mbha, Dambuza, Mathopo

The Supreme Court of Appeal held that the dispute, as pleaded by the respondents, concerned non-compliance with the constitution of a trade union and thus fell squarely within s 158(1)(e)(i) of the Labour Relations Act. The respondents' attempt to frame the matter as a common law issue was irrelevant, as jurisdiction is determined by the pleadings and the statutory framework. The court reaffirmed that the Labour Court has exclusive jurisdiction over such disputes, and the High Court's jurisdiction is excluded. The previous case law relied upon by the High Court was distinguished or clarified…

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• Exclusive Jurisdiction
• Trade Union Constitution
• Disciplinary Procedure
• Labour Relations Act
• Forum Selection

Apollis and Others v General Industries Workers Union of South Africa (J 423/15)

Apollis and Others v General Industries Workers Union of South Africa (J 423/15) [2015] ZALCJHB 93 (13 March 2015)

Court

Labour Court Johannesburg

Case number

J 423/15

Judge

Rabkin-Naicker

The Labour Court struck an urgent union-constitution dispute off the roll, finding the applicants had created the urgency by causing the branch account to be frozen.

• Trade Union Constitution
• Disciplinary Procedure
• Urgent Interdict
• Branch Funds Control
• Labour-law
• Trade-union-constitution