The Labour Court has struck from the roll an urgent application by former National Union of Mineworkers (NUM) Free State regional secretary Tshepo Molibeli, ruling that he failed to demonstrate urgency in his challenge against a disciplinary sanction that removed him from his leadership position for 10 years.
In a scathing judgment handed down recently, the Labour Court Judge Edwin Tlhotlhalemaje found that Molibeli’s application lacked urgency and amounted to an abuse of court process, ordering him to pay the union’s legal costs.
The dispute stems from disciplinary proceedings launched by NUM in March after allegations that Molibeli had misused union funds.
Guilty of misconduct
He was called to appear before a disciplinary committee and, following several postponements, was found guilty of misconduct and suspended from his position as Free State regional secretary with effect from April 21, 2026. The sanction bars him from holding the position for 10 years.
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The union informed him that he could appeal the outcome to its National Executive Committee (NEC). Molibeli later argued that NUM and its NEC had unlawfully failed to consider his appeal and sought a court order declaring his removal unconstitutional and invalid.
NUM disputed this version, arguing that the appeal was lodged outside the seven-day period prescribed by the union’s constitution. The union said the NEC considered the appeal at a meeting on August 7, 2026 and dismissed it because it had been submitted late, with the outcome communicated to Molibeli on August 13.
Urgency premised on failed legal strategy
The court heard that Molibeli initially approached the Johannesburg High Court to challenge his removal. However, that court ruled that it lacked jurisdiction to hear the matter. He subsequently approached the Labour Court on an urgent basis.
Judge Tlhotlhalemaje found that the urgency was self-created because Molibeli had known about the outcome of his appeal since August but chose to pursue relief in the high court before turning to the Labour Court.
The judge held that a failed legal strategy could not be used to manufacture urgency.
The court further rejected Molibeli’s argument that he would suffer irreparable prejudice if the matter was not heard urgently because he would be unable to occupy or vote for positions within the union.
Molibeli remains NUM member
According to the judgment, NUM demonstrated that Molibeli remained a member of the union despite his suspension and was still entitled to participate in union activities and hold positions other than that of regional secretary.
The judge also noted that Molibeli remained employed by Harmony Gold Mining Company Limited and that his removal from the union leadership structure did not affect his employment with the mining company. Any loss of benefits linked to the office, including a vehicle subsidy, was insufficient to justify urgent court intervention, the judgment said.
The court ruled that complaints regarding the fairness of the disciplinary process or alleged breaches of the union’s constitution could still be pursued through normal court procedures and did not warrant a hearing on the urgent roll.
In the strongly worded judgment, Tlhotlhalemaje said the matter should never have appeared on the Labour Court’s already overburdened urgent roll.
The judge agreed with NUM that the application was ill-conceived and constituted an abuse of court process, particularly because Molibeli had already unsuccessfully pursued substantially the same dispute in the high court.
The court ordered that the application be struck from the roll for lack of urgency and directed Molibeli to pay NUM’s legal costs.
News of the judgment comes after the Labour Court recently struck from the roll an urgent application by former NUM Highveld regional chairperson, Bizzah Motubatse, who sought reinstatement as a member and office bearer after being expelled by the union.
READ MORE: Top NUM leader loses urgent court bid to reverse expulsion
The court found that the matter lacked urgency and ordered Motubatse to pay NUM’s legal costs. Acting Judge Sean Snyman ruled that the dispute should be dealt with in the ordinary course rather than through urgent proceedings.
- The Labour Court struck from the roll Tshepo Molibeli's urgent application challenging his 10-year removal as NUM Free State regional secretary due to lack of urgency and abuse of court process.
- Molibeli was found guilty of misconduct related to misusing NUM funds and suspended from his leadership role by a disciplinary committee in April 2026.
- NUM rejected Molibeli's appeal contention, stating it was lodged late and dismissed by the National Executive Committee on August 7, 2026, with the outcome communicated on August 13.
- Judge Tlhotlhalemaje ruled Molibeli’s urgency claim was self-created following his failed high court challenge and noted he remains a union member eligible to participate in other union activities.
- The court ordered Molibeli to pay NUM’s legal costs and stated that fairness complaints should be pursued via normal court procedures, not urgent hearings.
