Hlungwani v South African Policing Union and Another

The applicant, a member of the South African Policing Union (SAPU), challenged a series of decisions taken by SAPU’s national structures against its elected president, Mr Mpho Kwinika. Kwinika was elected president in November 2018 for a term ending in 2022. Following an incident in March 2019 where he was assaulted and arrested by SAPS members (with criminal charges later withdrawn), SAPU’s national office bearers placed him on special leave on 7 July 2020 without notice or reasons. On 9 July 2020, the National Executive Committee (NEC) recalled him as president, and on 24 July 2020 the NEC expelled him from union membership, alleging he had brought the union into disrepute. These decisions were taken without affording Kwinika a hearing and without following the disciplinary and recall procedures set out in the union’s constitution. The applicant sought declaratory and reinstatement relief on the basis that the union acted ultra vires its constitution.

The decisions of 7 July 2020 (special leave), 9 July 2020 (recall), and 24 July 2020 (expulsion) were declared unlawful and set aside. Mr Mpho Kwinika was reinstated as president and as a member of SAPU. SAPU was ordered to pay the applicant’s costs, limited to the costs of one counsel.

The case is significant for affirming a broad approach to locus standi in disputes concerning compliance with trade union constitutions. It reinforces that union constitutions are binding instruments that give effect to constitutional values of accountability, openness and democracy, and that any union member may approach the Labour Court to enforce compliance, even where the affected party is another member or office-bearer.