South Africa Case Law

Registrar of Labour Relations v Simunye Workers Forum (JA115/2023)

Registrar of Labour Relations v Simunye Workers Forum (JA115/2023) [2025] ZALAC 40; - (26 June 2025)

Court

Labour Appeal Court

Case number

JA115/2023

Judges

Savage ADJP, Nkutha-Nkontwana JA, Mooki AJA

The Labour Appeal Court found that SWF's constitution does not comply with the mandatory requirements of section 95(5) of the Labour Relations Act. Specifically, the constitution fails to establish the office of secretary and define its functions, does not provide for office-bearers, officials, or trade union representatives as defined in the Act, and lacks prescribed procedures for their nomination, election, removal, and appeals. The Court held that the ad hoc appointment of a secretary at each meeting does not constitute the establishment of an office, and the absence of officials or offic…

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• Trade Union Registration
• Freedom Of Association
• Section 95 Requirements
• Genuineness Guidelines
• Constitutional Rights
• Judicial Review

Registrar of Labour Relations v Simunye Workers Forum (JA 115/2023)

Registrar of Labour Relations v Simunye Workers Forum (JA 115/2023) [2025] ZALAC 32; (2025) 46 ILJ 1906 (LAC) (26 May 2025)

Court

Labour Appeal Court

Case number

JA 115/2023

Judges

Savage ADJP, Nkutha-Nkontwana JA, Mooki AJA

The Labour Appeal Court upheld the Registrar’s refusal to register Simunye Workers Forum, finding its constitution did not satisfy section 95(5) of the LRA.

• Trade Union Registration
• Section 95 Compliance
• Freedom Of Association
• Genuineness Of Union
• Constitutional Rights
• Interpretation Of Statutes

Registrar of Labour Relations and Another v Justice for All Workers of South Africa (JA36/2024)

Registrar of Labour Relations and Another v Justice for All Workers of South Africa (JA36/2024) [2024] ZALAC 64; [2025] 2 BLLR 169 (LAC); (2025) 46 ILJ 351 (LAC) (29 November 2024)

Court

Labour Appeal Court

Case number

JA36/2024

Judges

Savage ADJP, Sutherland JA, Govindjee AJA

The Labour Appeal Court dismissed an appeal against JAWSA’s registration as a trade union, holding the Labour Court correctly assessed genuineness under the LRA.

• Trade Union Registration
• Genuineness Of Union
• Section 111 Appeal
• Collective Bargaining Rights
• Judicial Review Of Administrative Action
• Trade-union-registration

Public Servants Association of South Africa v Department of Employment and Labour and Another (J 616/22)

Public Servants Association of South Africa v Department of Employment and Labour and Another (J 616/22) [2024] ZALCJHB 172; (2024) 45 ILJ 1646 (LC) (2 May 2024)

Court

Labour Court Johannesburg

Case number

J 616/22

Judge

L Steenkamp

The Registrar of Labour Relations erred in law and fact by refusing to register the applicant's amended constitution solely on the basis of dual registration under the LRA and Companies Act. The Labour Relations Act does not prohibit dual registration, nor does it equate incorporation as a non-profit company with a lack of independence from employers or employers' organisations. The Registrar failed to apply the statutory guidelines, which require examination of the actual operation, membership, and activities of the trade union to determine its genuineness and independence. There was no evid…

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• Trade Union Registration
• Freedom Of Association
• Independence Of Trade Unions
• Labour Relations Act
• Administrative Decision Review

Justice for All Workers of South Africa v Registrar of Labour and Another (J930-23)

Justice for All Workers of South Africa v Registrar of Labour and Another (J930-23) [2024] ZALCJHB 87 (27 February 2024)

Court

Labour Court Johannesburg

Case number

J930-23

Judge

Prinsloo

The court found that the applicant failed to establish exceptional circumstances as required by section 18(3) of the Superior Courts Act. The evidence showed that the Registrar did provide the applicant with an opportunity to remedy its application, contradicting the applicant's claim. The applicant did not address prospects of success or the balance of convenience, nor did it provide sufficient facts to meet the heavy onus imposed by section 18(3). The harm alleged by the applicant was not exceptional but rather the natural consequence of operating as an unregistered trade union. As the appl…

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• Trade Union Registration
• Leave To Execute Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Costs Award

Simunye Workers Forum v Registrar of Labour Relations (J 1375/2022)

Simunye Workers Forum v Registrar of Labour Relations (J 1375/2022) [2023] ZALCJHB 191; (2023) 44 ILJ 2021 (LC); [2023] 10 BLLR 1071 (LC) (21 June 2023)

Court

Labour Court Johannesburg

Case number

J 1375/2022

Judge

Van Niekerk

The Labour Court upheld an appeal against refusal to register Simunye Workers Forum as a trade union, finding its constitution compliant and the registrar’s approach too rigid.

• Trade Union Registration
• Genuineness Requirement
• Freedom Of Association
• Independence Of Trade Unions
• Constitutional Interpretation
• Trade-union-registration

Justice for All Workers of South Africa v Molefe NO and Another (J709/23)

Justice for All Workers of South Africa v Molefe NO and Another (J709/23) [2023] ZALCJHB 166; (2023) 44 ILJ 1726 (LC) (30 May 2023)

Court

Labour Court Johannesburg

Case number

J709/23

Judge

G N Moshoana

The Labour Court dismissed JAWSA’s urgent mandamus application, holding that section 96 of the LRA does not require the Registrar to decide registration within 30 days.

• Mandamus
• Trade Union Registration
• Interpretation Of Statute
• Administrative Action
• Costs Award
• Trade-union-registration

Association of Mine Workers and Construction Union v Minister of Employment and Labour (78915/2019)

Association of Mine Workers and Construction Union v Minister of Employment and Labour (78915/2019) [2021] ZAGPPHC 215 (6 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

78915/2019

Judge

N Janse Van Nieuwenhuizen

The court found that the guidelines issued by the Minister constitute administrative action under PAJA, as they are peremptory and prescribe the manner in which trade unions must conduct ballots, thereby adversely affecting AMCU's right to regulate its own affairs. The guidelines were issued ultra vires, as section 95(8) of the Labour Relations Act only empowers the Minister to issue guidelines for the system of voting, not to impose mandatory obligations. The use of the word 'must' in the guidelines is unambiguous and imposes mandatory obligations not authorised by the empowering provision.…

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• Promotion Of Administrative Justice Act
• Ultra Vires
• Secret Ballot Requirements
• Trade Union Registration
• Legality Principle

Democratic Municipal and Allied Workers Union of South Africa (DEMAWUSA) v Registrar of Labour Relations (J119/2020)

Democratic Municipal and Allied Workers Union of South Africa (DEMAWUSA) v Registrar of Labour Relations (J119/2020) [2020] ZALCJHB 61; [2020] 7 BLLR 681 (LC); 2020) 41 (ILJ) 1968 (LC) (10 March 2020)

Court

Labour Court Johannesburg

Case number

J119/2020

Judge

Lagrange

The Labour Court granted urgent interim relief suspending a union’s de-registration pending appeal, finding section 111(5) does not bar such relief.

• Trade Union Registration
• Interim Relief
• Secret Ballot Requirements
• Appeal Suspension
• Compliance With Lra
• Trade-union-registration

De Vries v South African Teachers Union and Another (3327/2018)

De Vries v South African Teachers Union and Another (3327/2018) [2019] ZAECPEHC 55 (3 September 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3327/2018

Judge

J W Eksteen

The court found that the South African Teachers’ Union is a private body under PAIA, as it does not perform its functions in terms of any legislation but rather operates independently in the interests of its members. The applicant failed to comply with the procedural requirements for requesting access to records from a private body, specifically by not identifying the right he sought to exercise or protect and not providing an explanation for why the records were required. The court also held that its jurisdiction was established under PAIA by the applicant’s residence. As the applicant did n…

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• Promotion Of Access To Information Act
• Definition Of Public Body
• Trade Union Registration
• Jurisdiction Under Paia