Tertiary Education National Union of South Africa and Another v Durban University of Technology

Following the 2002 merger of Natal Technikon and ML Sultan Technikon into the Durban Institute of Technology (later Durban University of Technology), trade unions and management engaged in a harmonisation process to align employees’ conditions of service. Prior to the merger, only certain Natal Technikon employees enjoyed a post-retirement medical aid (PRMA) subsidy; ML Sultan employees did not. The unions alleged that an agreement embodied in a Conditions of Service document (Version 7), signed on 4 November 2005, extended PRMA subsidies to qualifying former ML Sultan employees. DUT denied that any such agreement was concluded or approved, contending that under s 34(3) of the Higher Education Act 101 of 1997 only the Council could approve conditions of service, and that medical aid and PRMA remained outstanding issues expressly excluded from Council approval. The unions sought declaratory relief and an order compelling negotiations on implementation.

The appeal was dismissed with costs; the High Court’s dismissal of the unions’ claim was upheld.

The case clarifies that in public higher education institutions, conditions of service require explicit Council approval under the Higher Education Act to be binding. It underscores the limits of collective negotiations and signed documents where statutory approval is absent, and affirms principles of contractual onus and interpretation in labour-related disputes.