South Africa Case Law

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…

Source excerpt

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

Food And Allied Workers Union v Buthelezi and Others (C114/97)

Food And Allied Workers Union v Buthelezi and Others (C114/97) [1998] ZALC 4 (6 March 1998)

Court

Labour Court

Case number

C114/97

Judge

Mlambo

The Labour Court dismissed a union’s review of a commissioner’s declaratory award, and refused to make the award an order of court, leaving the arbitration to continue.

• Review Of Arbitration Award
• Commissioner Powers
• Union Constitution
• Right To Be Heard
• Procedural Fairness
• Labour-law