South African Commercial Catering and Allied Workers Union (SACCAWU) and Others v The President of the Industrial Tribunal of Venda and Another

Following an illegal strike and related absenteeism in January 1993, Venda Sun Hotel and Casino Ltd dismissed approximately 180 employees. SACCAWU and 173 of the dismissed employees referred an unfair labour practice dispute to the Industrial Tribunal of Venda under the Venda Labour Relations Proclamation 3 of 1991. The tribunal ruled that reinstatement claims were time-barred and later determined that the dismissals of striking employees were fair, while the dismissals of seven employees for absenteeism were procedurally unfair. Dissatisfied, SACCAWU and the employees applied to the High Court of Venda to review and set aside the tribunal’s determination, alleging procedural irregularities and bias on the part of the tribunal members. The High Court dismissed the application. On appeal to the Supreme Court of Appeal, the appellants confined their case to alleged bias, particularly remarks allegedly made extra-curially by one tribunal member, Mr Netshifhefhe.

The appeal was dismissed with costs.

The case is significant for confirming the objective test for apprehended bias in South African administrative and labour adjudication, and for emphasising the onus on review applicants to place a proper factual record before the court. It illustrates judicial reluctance to infer bias from generalized allegations or ill-advised extra-curial remarks absent clear evidence affecting impartiality.