Babu and Others v Khosa Chief Executive Officer, SADPMR and Others (45342/21) [2024] ZAGPPHC 134 (16 February 2024)

Babu and Others v Khosa Chief Executive Officer, SADPMR and Others (45342/21) [2024] ZAGPPHC 134 (16 February 2024)

The applicants, having referred their unfair dismissal disputes to the CCMA before instituting proceedings in the High Court, objectively waived their rights to an internal appeal process with the third respondent. Their conduct, including the unequivocal undertaking not to pursue the relief claimed and the subsequent institution of proceedings in the Labour Court, demonstrates abandonment of any right to an internal appeal. The application before the High Court was incompetent from inception, as the applicants elected to pursue statutory remedies under the Labour Relations Act. Special circumstances exist to justify a punitive costs order against the applicants, given their conduct and...

Citation
[2024] ZAGPPHC 134
Parties
Applicant: Mangaliso Mayibuye Babu; Applicant: Pateka Nomaphelo Maka; Applicant: Sibusiso Andrea Mandlazi; Respondent: Cecil Khosa (Khosa); Respondent: Chief Executive Officer, SADPMR Abiel Mngomezulu; Respondent: The Chairperson of the Board, SADPMR; Respondent: The South African Diamond and Precious Metals Regulator
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 February 2024
Case Number
45342/21
Procedural Posture
Urgent Application / Application for Relief and Costs Following Dismissal and Referral to CCMA
Outcome
Application dismissed with costs on an attorney and client scale, jointly and severally.
Judges
ASL Van Wyk
Legal Topics
Unfair Dismissal, Waiver of Rights, Internal Appeal Procedure, Costs Award, Jurisdiction of High Court
Labour Law Civil Procedure Unfair Dismissal Waiver of Rights Internal Appeal Procedure Costs Award Jurisdiction of High Court

Case Brief

Summary, issues, holding and outcome

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Parties

Mangaliso Mayibuye Babu

Applicant

Pateka Nomaphelo Maka

Applicant

Sibusiso Andrea Mandlazi

Applicant

Cecil Khosa (Khosa)

Respondent

Chief Executive Officer, SADPMR Abiel Mngomezulu

Respondent

The Chairperson of the Board, SADPMR

Respondent

The South African Diamond and Precious Metals Regulator

Respondent

Procedural Posture

Urgent Application / Application for Relief and Costs Following Dismissal and Referral to CCMA

Legal Issues

  1. 1 Whether the High Court is competent to grant relief after applicants invoked statutory remedies under the Labour Relations Act.
  2. 2 Whether the applicants waived their rights to an internal appeal by referring their disputes to the CCMA.
  3. 3 Whether a punitive costs order is justified under the circumstances.

Ratio Decidendi

The applicants, having referred their unfair dismissal disputes to the CCMA before instituting proceedings in the High Court, objectively waived their rights to an internal appeal process with the third respondent. Their conduct, including the unequivocal undertaking not to pursue the relief claimed and the subsequent institution of proceedings in the Labour Court, demonstrates abandonment of any right to an internal appeal. The application before the High Court was incompetent from inception, as the applicants elected to pursue statutory remedies under the Labour Relations Act. Special circumstances exist to justify a punitive costs order against the applicants, given their conduct and...

Court Disposition

Application dismissed with costs on an attorney and client scale, jointly and severally.

Orders

  • The application is dismissed.
  • The First, Second, and Third Applicants are ordered to pay the costs of this application on an attorney and client scale, jointly and severally, the one paying the other to be absolved.