THE INDUSTRIAL COURT OF SWAZILAND
intervening party/ Second
intervening party/ Third Applicant
intervening party/ Fourth Applicant
intervening party/ Fifth Applicant
intervening party/ Sixth Applicant
intervening party/ Seventh Applicant
In the matter
SWAZILAND MANUFACTURING AND
WORKERS UNION 1st
FAKUDZE N.O. 2nd
ZONDO N.O 3
MASUKU N.O. 4th
SHONGWE N.O. 5th
MAGAGULA N.O. 6th
MSIMANGO N.O. 7th
MANANA N.O. 8th
NKOSINATHINKONYANE : JUDGE
MANGO : MEMBER
NDZINISA : MEMBER
INTERVENING APPLICANTS : B.
APPLICANT : V.
RESPONDENTS : C.Z.
is an application to intervene in the main application before this
court in the mater of SIPHO
MAMBA V. THE SWAZILAND MANUFACTURING AND ALLIED WORKERS UNION &
application is not opposed by the applicant in the main action Mr.
Sipho Mamba, but it is opposed by the respondents.
is easy to understand why Mr. Mamba does not oppose the application
to intervene. The intervening applicants are part of
group that is on his side in the turmoil that is presently going
within the Union executive.
The position of the law relating to joinder is settled. A third
party is entitled to demand to be joined in proceedings if he has a
direct and substantial interest.
AND VAN WINSEN : "THE
CIVIL PRACTICE OF THE SUPREME COURT OF SOUTH AFRICA"
at pages 165-19Ideal with the subjects of joinder and intervention.
At page 172 they state that:
direct and substantial interest has been held to be an interest in
the right which is the subject matter of the litigation.... It is a
legal interest in the subject matter of the litigation, excluding an
indirect commercial interest only."
The subject matter of the main application before the court is the
suspension of Mr. Mamba. The intervening applicants have an interest
in the matter because they are members of the same Union and they
are also on his side as the tensions in the Union have split the
executive into two factions. That, however, is not a direct and
substantial interest entitling them to be joined in these
There is no doubt that the intervening applicants want Mr. Mamba to
succeed in his application. However, the fact that they wish that
Mr. Mamba should succeed in the application before the court, does
not give them the legal right to intervene. They have no legal
interest in the judgement that the court will give. There are no
considerations of equity or convenience in the administration of
justice that necessitate that they should be joined.
Taking into account all the above observations and all the
circumstances of the case, the application will be dismissed with
costs. That is the order that the court makes.
- INDUSTRIAL COURT