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.…

Source excerpt

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

Rakoma v Food and Allied Workers Unions (2024/110352)

Rakoma v Food and Allied Workers Unions (2024/110352) [2024] ZALCJHB 379 (1 October 2024)

Court

Labour Court Johannesburg

Case number

2024/110352

Judge

RN Daniels

The Labour Court dismissed an urgent bid to lift a union suspension or stop a provincial congress, holding the suspension challenge belonged before the CCMA.

• Unfair Labour Practice
• Union Suspension
• Eligibility For Election
• Union Constitution Interpretation
• Union-suspension
• Unfair-labour-practice

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

Tshililo and Others v City of Johannesburg and Others (JA33/2017)

Tshililo and Others v City of Johannesburg and Others (JA33/2017) [2018] ZALAC 34; [2018] 12 BLLR 1180 (LAC) (31 May 2018)

Court

Labour Appeal Court

Case number

JA33/2017

Judges

Waglay JP, Phatshoane ADJP, Savage AJA

The Labour Appeal Court dismissed an appeal over SAMWU leadership, holding that rival CEC meetings were irregular and that the 2015 elections remained valid.

• Trade Union Leadership Dispute
• Union Constitution Interpretation
• Locus Standi
• Expulsion Of Union Members
• Validity Of Union Elections
• Trade-union-dispute

Nkabinde and Others v Mhlongo and Others (J1932/17)

Nkabinde and Others v Mhlongo and Others (J1932/17) [2018] ZALCJHB 267 (13 February 2018)

Court

Labour Court Johannesburg

Case number

J1932/17

Judge

Tlhotlhalemaje

The Labour Court dismissed an urgent challenge to union suspension notices, holding that later NEC resolutions and ratification rendered the dispute moot.

• Trade Union Governance
• Union Constitution Interpretation
• Disciplinary Proceedings
• Mootness
• Interdict
• Quorum Requirements

South African Chemical Workers' Union (SACWU) and Another v Modise (J1524/17)

South African Chemical Workers' Union (SACWU) and Another v Modise (J1524/17) [2017] ZALCJHB 265 (7 July 2017)

Court

Labour Court Johannesburg

Case number

J1524/17

Judge

Lagrange

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.

Source excerpt

• Union Constitution Interpretation
• Jurisdiction Of Labour Court
• Office Bearer Vs Member
• Section 158 1 E Lra

Chemical, Energy, Paper, Printing, Wood and Allied Workers Union v Melani and Another (J2151/15)

Chemical, Energy, Paper, Printing, Wood and Allied Workers Union v Melani and Another (J2151/15) [2017] ZALCJHB 163 (4 April 2017)

Court

Labour Court Johannesburg

Case number

J2151/15

Judge

Van Niekerk

Leave to appeal was refused in a labour dispute about a union’s authority to discipline a member, with costs. The court held the union’s code required consultation and proper mandate.

• Union Constitution Interpretation
• Disciplinary Procedure
• Delegation Of Authority
• Consultation Requirement
• Trade-union-law
• Disciplinary-procedure

Food And Allied Workers Union and Others v Chauke and Others (C122/16)

Food And Allied Workers Union and Others v Chauke and Others (C122/16) [2016] ZALCJHB 246 (12 July 2016)

Court

Labour Court Johannesburg

Case number

C122/16

Judge

Molahlehi

The Labour Court dismissed leave to appeal against an interim order suspending expulsion and discipline within FAWU, holding the order was not final in effect.

• Trade Union Expulsion
• Interim Interdicts
• Appealability Of Orders
• Union Constitution Interpretation
• Interim-interdicts
• Appealability-of-orders

Food and Allied Workers Union v Ngcobo N.O. and Another (CCT 50/13)

Food and Allied Workers Union v Ngcobo N.O. and Another (CCT 50/13) [2013] ZACC 36; 2013 (12) BCLR 1343 (CC); (2013) 34 ILJ 3061 (CC); 2014 (1) SA 32 (CC); [2013] 12 BLLR 1171 (CC) (9 October 2013)

Court

Constitutional Court

Case number

CCT 50/13

Judges

Cameron, Moseneke, Froneman, Jafta, Madlanga, Mhlantla, Nkabinde, Skweyiya, Van der Westhuizen, Zondo

The Constitutional Court held that the union's constitutional right to determine its own administration, as embodied in section 23(4)(a) of the Constitution and the Labour Relations Act, does not confer immunity from liability for breach of mandate. Clause 5.11 of the union's constitution merely sets out an objective and does not create a contractual term allowing withdrawal from a mandate with impunity. The union undertook to represent the employees and was obliged to prosecute their unfair dismissal claims timeously. Its failure to refer the dispute to the Labour Court within the statutory…

Source excerpt

• Contract Of Mandate
• Trade Union Liability
• Section 23 Constitution
• Failure To Prosecute Claim
• Condonation Application
• Union Constitution Interpretation

Mokgata and Others v Food and Allied Workers Union (21679/04)

Mokgata and Others v Food and Allied Workers Union (21679/04) [2007] ZAGPHC 340; (2007) 28 ILJ 2696 (T) (8 June 2007)

Court

High Courts - Gauteng

Case number

21679/04

Judge

Motata

The court held that union constitutional clauses on legal assistance were not enforceable contractual terms and granted absolution from the instance with costs.

• Trade Union Liability
• Legal Assistance Obligation
• Union Constitution Interpretation
• Absolution From Instance
• Trade-union-liability
• Union-constitution-interpretation