Bloem Water v Nyareli and Others (C823/2018) [2021] ZALCCT 80 (27 October 2021)

Bloem Water v Nyareli and Others (C823/2018) [2021] ZALCCT 80 (27 October 2021)

The court found that a patent error existed in the order made in the judgment delivered on 23 November 2010 and that a case citation was missing in paragraph 13. In terms of section 165 of the Labour Relations Act, the court is empowered to correct such errors. The judgment was accordingly varied to rectify the identified mistakes, with the amended text underlined in the attached varied judgment.

Citation
[2021] ZALCCT 80
Parties
Applicant: Bloem Water; Respondent: K Nyareli; Respondent: M Gobusang; Respondent: David Fanapi (N.O.); Respondent: The Commission for Mediation, Conciliation & Arbitration
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
27 October 2021
Case Number
C823/2018
Procedural Posture
Variation Application / Order Varying Previous Judgment
Outcome
The judgment delivered on 23 November 2010 is varied to correct the patent error in the order and to insert the missing case citation in paragraph 13.
Judges
Lagrange
Legal Topics
Variation of Judgment, Patent Error, Rectification of Order
Labour Law Variation of Judgment Patent Error Rectification of Order

Case Brief

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Parties

Bloem Water

Applicant

K Nyareli

Respondent

M Gobusang

Respondent

David Fanapi (N.O.)

Respondent

The Commission for Mediation, Conciliation & Arbitration

Respondent

Procedural Posture

Variation Application / Order Varying Previous Judgment

Legal Issues

  1. 1 Whether there was a patent error in the order made in the judgment handed down on 23 November 2010.
  2. 2 Whether the omission of a case citation in paragraph 13 of the judgment required rectification.

Ratio Decidendi

The court found that a patent error existed in the order made in the judgment delivered on 23 November 2010 and that a case citation was missing in paragraph 13. In terms of section 165 of the Labour Relations Act, the court is empowered to correct such errors. The judgment was accordingly varied to rectify the identified mistakes, with the amended text underlined in the attached varied judgment.

Court Disposition

The judgment delivered on 23 November 2010 is varied to correct the patent error in the order and to insert the missing case citation in paragraph 13.

Orders

  • The errors identified in the judgment handed down on 23 November 2010 are rectified as set out in the varied judgment attached.
  • The amended text is underlined in the varied judgment.