South Africa Case Law

Baloyi and Others v Tshifhesi and Others (J1000/2023)

Baloyi and Others v Tshifhesi and Others (J1000/2023) [2025] ZALCJHB 214 (4 June 2025)

Court

Labour Court Johannesburg

Case number

J1000/2023

Judge

Daniels

The application fails because the applicants did not allege or prove compliance with all constitutional requirements for convening the National Congress and electing office bearers. The NEC meeting of 13 November 2021 was unlawful as it was held without proper notice to the President and Vice President and on a date not agreed to by the President, contrary to the constitution. The National Congress held from 28 to 30 October 2022 was also unlawful, as the agenda was not circulated to regions as required, and several individuals were elected to the NEC in breach of constitutional requirements.…

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• Trade Union Governance
• Union Constitution Interpretation
• Ultra Vires Acts
• Leadership Dispute
• Motion Proceedings
• Final Relief

Registrar of Labour Relations v Sono N.O. and Others (J 2896/18)

Registrar of Labour Relations v Sono N.O. and Others (J 2896/18) [2024] ZALCJHB 310 (14 August 2024)

Court

Labour Court Johannesburg

Case number

J 2896/18

Judge

Prinsloo

The Court held that paragraph 6.4 of the third administration order does not require the administrator to consult with the Registrar on all decisions regarding the administration of CEPPWAWU. The administrator, by virtue of the administration orders and section 103A of the Labour Relations Act, has broad powers to manage the union's affairs, including internal appointments such as the national organiser. The Registrar's statutory powers are limited to oversight and regulatory functions and do not extend to the day-to-day running or internal recruitment of the union. Requiring consultation on…

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• Appointment Of Administrator
• Powers Of Registrar
• Trade Union Governance
• Labour Relations Act Section 103a
• Internal Union Administration

Mahlangu v South African Transport and Allied Workers Union (J 102/2023)

Mahlangu v South African Transport and Allied Workers Union (J 102/2023) [2023] ZALCJHB 180 (5 June 2023)

Court

Labour Court Johannesburg

Case number

J 102/2023

Judge

Prinsloo

The Labour Court held that the union’s National Office Bearers acted ultra vires by suspending an elected provincial secretary without constitutional authority.

• Trade Union Governance
• Ultra Vires Action
• Disciplinary Procedure
• Section 158 1 E Lra
• Trade-union-governance
• Ultra-vires

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…

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

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 187; (2022) 43 ILJ 2562 (LC) (23 July 2022)

Court

Labour Court Johannesburg

Case number

J885/22

Judge

G N Moshoana

The Labour Court found that the Central Committee (CC) of NUMSA did not have constitutional authority to suspend Ntlokose or other members, nor to place the Mpumalanga Regional Council under administration. The suspensions and administrative actions were declared unconstitutional, invalid, and unenforceable. The CC's usurpation of the Credentials Committee's functions and the planned congress's accreditation process were also found to be unconstitutional. The applicant, Ntlokose, was held to have locus standi to act on behalf of other affected members, as section 158(1)(e) of the LRA allows a…

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• Trade Union Governance
• Locus Standi
• Constitutional Compliance
• Urgent Interdict
• Suspension Of Members

Joni v Association On Mine Workers And Construction Union and Others (JS 413/20)

Joni v Association On Mine Workers And Construction Union and Others (JS 413/20) [2021] ZALCJHB 470 (22 November 2021)

Court

Labour Court Johannesburg

Case number

JS 413/20

Judge

Mabaso

The Labour Court set aside Joseph Mathunjwa’s 2019 AMCU presidency election prospectively, dismissed the claim against Jimmy Gama, and refused administrator relief.

• Trade Union Governance
• Locus Standi
• Ultra Vires
• Appointment Of Administrator
• Expulsion Of Union Member
• Trade-union-governance

Inqubelaphambili Trade Union, Administrator NO v Mfebe and Others (J614/2020)

Inqubelaphambili Trade Union, Administrator NO v Mfebe and Others (J614/2020) [2021] ZALCJHB 328 (4 October 2021)

Court

Labour Court Johannesburg

Case number

J614/2020

Judge

Lagrange

The Labour Court partly upheld a contempt application against a union official, but found no contempt against him and another respondent up to the hearing date.

• Contempt Of Court
• Appointment Of Administrator
• Trade Union Governance
• Urgent Application
• Disciplinary Proceedings
• Contempt-of-court

Lempetje and Others v National Education, Health and Allied Workers Union - Free State ("NEHAWU") and Others (5526/2019)

Lempetje and Others v National Education, Health and Allied Workers Union - Free State ("NEHAWU") and Others (5526/2019) [2021] ZAFSHC 28 (8 February 2021)

Court

Free State High Court, Bloemfontein

Case number

5526/2019

Judge

N.M. MBHELE

The High Court dismissed a challenge to a NEHAWU regional congress, holding that the applicants lacked locus standi, non-joinder was fatal, and the PEC could convene the meeting.

• Trade Union Governance
• Locus Standi
• Joinder
• Union Constitution Interpretation
• Condonation
• Strike Out Application

Hlungwani v South African Policing Union and Another (J728/2020)

Hlungwani v South African Policing Union and Another (J728/2020) [2020] ZALCJHB 117; (2020) 41 ILJ 2662 (LC) (13 August 2020)

Court

Labour Court Johannesburg

Case number

J728/2020

Judge

Van Niekerk

The court found that the applicant, as a union member, had locus standi to challenge the union's failure to comply with its constitution, as all members have an interest in the lawful conduct of union affairs. The union's constitution sets out clear procedures for the removal and discipline of office bearers, including the right to be heard before expulsion or removal. The union failed to comply with these procedures in placing Mr Kwinika on special leave, recalling him as president, and terminating his membership. As these actions were taken in breach of the constitution, they were declared…

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• Trade Union Governance
• Locus Standi
• Union Constitution
• Disciplinary Procedure
• Reinstatement

Zwane and Others v Moyo and Others (J2414/19; J34/20)

Zwane and Others v Moyo and Others (J2414/19; J34/20) [2020] ZALCJHB 54 (26 February 2020)

Court

Labour Court Johannesburg

Case number

J2414/19; J34/20

Judge

Mahosi

The Labour Court dismissed a rescission bid, found union respondents in contempt, and declared the applicants’ dismissals invalid for lack of authority.

• Contempt Of Court
• Unlawful Dismissal
• Trade Union Governance
• Rescission Of Order
• Locus Standi
• Contempt-of-court