Nkosi and Others v Nkabinde and Others; In re: Nkabinde and Others v Mhlongo and Others (J1932/17)
Nkosi and Others v Nkabinde and Others; In re: Nkabinde and Others v Mhlongo and Others (J1932/17) [2017] ZALCJHB 369 (10 October 2017)
The court found that the applicants, comprising union officials, employees, and members, have a direct and substantial interest in the outcome of the main urgent application, as any order could affect the union's governance, operations, and the rights of its members. The union's current state of paralysis, factionalism, and lack of a properly constituted NOBC and NEC meant that all stakeholders, especially ordinary members, are at risk of prejudice. The court held that the distinction between the union and its members is artificial in this context, as the union cannot exist without its member…
Source excerpt
- Joinder And Intervention
- Union Factional Dispute
- Standing
- Access To Court
- Union Governance