Man takes JSC to court over dismissal of complaint against Labour Court judge
· Citizen
A complainant has taken the Judicial Service Commission (JSC) to the High Court in Johannesburg for “summarily” dismissing his complaint against a Labour Court judge, saying this decision violated his constitutional rights.
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According to Ndabenhle Zulu, the JSC’s decision also denied him an opportunity to appeal a ruling against him and has lobbied the court to review and set this aside.
Dispute stems from Labour Court review application
The dispute stems from a labour matter in which he challenged an arbitration award issued in an unfair labour practice row involving his former employer.
According to court papers, Zulu brought a review application before the Labour Court, but the case was dismissed by Judge Nasious Moshoana.
He alleges Moshoana issued the order without providing reasons. In his complaint to the JSC, Zulu said the absence of reasons prevented him from exercising his right to seek leave to appeal.
Without a written judgment, he argued, it was impossible to challenge the ruling effectively.
JSC dismissed complaint in 2024
However, the complaint was dismissed in July 2024 by Chief Justice Mandisa Maya, who was at the time the acting chair of JSC and deputy chief justice.
She found the complaint did not fall within the grounds for judicial misconduct set out in Section 14(4) of the Judicial Service Commission Act.
Zulu appealed, arguing the JSC had applied an overly technical interpretation of the law and unfairly dismissed the complaint.
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In his submissions, he said many complainants were ordinary citizens without legal expertise and should not be required to frame complaints in strictly legalistic terms.
“The test should be whether the complaint is stated in sufficient detail for a reader to conclude that a wrong has been committed,” he argued.
Challenge to reasons for dismissing complaint
Zulu also claimed Maya failed to give proper reasons for dismissing the complaint, arguing simply stating the complaint did not meet statutory requirements was insufficient justification.
He said such a decision constituted administrative action and must comply with requirements of procedural fairness under the constitution and the Promotion of Administrative Justice Act.
Moshoana denied failing to provide reasons. According to the JSC ruling, the judge said he delivered an ex tempore judgment; meaning the reasons were given orally in court at the time the order was made.
Under the labour court’s practice manual, parties are responsible for arranging the transcription of such oral judgments if they require a written record.
JSC upholds dismissal of complaint
The JSC noted the transcript of the judgment had not been obtained and concluded Zulu had failed to establish a valid complaint against the judge.
It therefore upheld the initial decision and dismissed the appeal in February 2025.
Court papers indicate none of the respondents filed a notice of intention to oppose the application within the required period, prompting Zulu to request the matter be set down for hearing.
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