South Africa Case Law

Chauke and Others v FAWU and Others (C122/2016)

Chauke and Others v FAWU and Others (C122/2016) [2016] ZALCCT 10 (5 April 2016)

Court

Labour Court Cape Town

Case number

C122/2016

Judge

Steenkamp

The Labour Court found that the NEC of FAWU acted ultra vires the union constitution by expelling the first to seventh applicants as members and office bearers. The constitution only allows the appropriate structure, such as the PEC, to discipline and remove office bearers, with a right of appeal to the NEC. The NEC's power is limited to suspension, not expulsion. The previous judgment of Rabkin-Naicker J, which stands unchallenged, confirmed this interpretation. The applicants established a prima facie right to interim relief, as the balance of convenience favoured them and they faced irrepa…

Source excerpt

• Trade Union Expulsion
• Union Constitutional Compliance
• Interdict
• Disciplinary Proceedings
• Urgent Interim Relief

Public and Allied Workers Union of South Africa v George and Others (14292/2008)

Public and Allied Workers Union of South Africa v George and Others (14292/2008) [2008] ZAWCHC 261 (5 September 2008)

Court

Western Cape High Court, Cape Town

Case number

14292/2008

Judge

Fourie

The court dismissed an urgent application by a union after finding no valid authority or quorum under its constitution to suspend members or launch proceedings.

• Authority To Institute Proceedings
• Union Constitutional Compliance
• Interim Interdict
• Resolution Authorisation
• Authority-to-institute-proceedings
• Union-constitutional-compliance