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South Africa decisions
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Zwane and Others v Moyo and Others (J 2414/19; J 34/20) [2022] ZALCJHB 304 (2 November 2022)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and making no order as to costs.
Mbana and Others v Mngomezulu (C 76/2021) [2021] ZALCCT 2; (2021) 42 ILJ 1217 (LC) (24 February 2021)
Urgent labour-court application about union leadership was struck off for lack of urgency and failure to join FAWU, with no costs order.
Theledi v Police and Prison Civil Rights Union and Others (J766/20) [2020] ZALCJHB 131 (17 August 2020)
The Labour Court set aside the NEC’s removal of a union general secretary, holding that the union’s constitution required a proper disciplinary process and did not permit removal by ballot.
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…
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Chemical,Energy,Paper,Priting,Wood and Allied Workers Union and Others v Seathlolo and Others (06046/2016) [2016] ZAGPPHC 788 (29 August 2016)
The High Court refused to set aside an interim interdict barring an NEC meeting, finding the balance of convenience still favoured the respondents.
Chemical, Energy, Paper,Printing, Wood And Allied Workers Union and Others v Seathlolo and Others (06046/2016) [2016] ZAGPPHC 753 (29 August 2016)
The court refused to discharge an interim interdict stopping a union NEC meeting, finding no sufficient change in circumstances to alter the balance of convenience.
Seatlholo and Others v Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union and Others (J2595/15) [2016] ZALCJHB 72; (2016) 37 ILJ 1485 (LC) (24 February 2016)
The Labour Court dismissed an application for leave to appeal against an order refusing to interdict a union NEC meeting, finding no reasonable prospects of success.
Dube and Others v Mofokeng and Others (36131/2014) [2014] ZAGPJHC 353 (30 October 2014)
The High Court granted an urgent interdict stopping a union NEC meeting, finding no fatal non-joinder, sufficient urgency, and no adequate later redress.
Provincial Executive Committe of the South African Democratic Teachers' Union, Eastern Cape Province and Others v South African Democratic Teachers' Union and Others (462/14) [2014] ZAECBHC 10 (21 August 2014)
The court dismissed an urgent application to set aside union NEC resolutions, holding that most applicants lacked authority and that internal remedies were not exhausted.
Nema v National Education, Health & Allied Workers Union (19386/2008) [2008] ZAWCHC 302 (21 November 2008)
An urgent union-governance application was postponed after the court found it imprudent to grant interim relief without hearing the respondent and fuller papers.
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