South African Municipal Workers’ Union v Mokgatla and Others

The appellants were the South African Municipal Workers’ Union (SAMWU) and its national office bearers. The respondents were provincial office bearers of SAMWU. During 2012–2013, allegations of financial mismanagement and corruption were raised against the national office bearers. While a motion to remove the national office bearers was postponed for consultation, the national office bearers suspended and expelled the respondents from union membership and office, alleging misconduct and undermining of leadership. The respondents approached the Gauteng Local Division of the High Court, seeking reinstatement on the basis that SAMWU had failed to comply with its own constitutional disciplinary procedures. SAMWU raised a jurisdictional objection, contending that the dispute fell within the exclusive jurisdiction of the Labour Court under the Labour Relations Act 66 of 1995 (LRA).

The appeal succeeded with costs. The order of the High Court was set aside and replaced with an order dismissing the application with costs.

This case clarifies that disputes between a trade union and its members regarding compliance with the union’s constitution fall within the exclusive jurisdiction of the Labour Court under s 158(1)(e)(i) of the LRA. It reinforces the principle that litigants cannot bypass specialised labour dispute-resolution mechanisms by framing claims as common-law matters in the High Court.