Brown and Others v Bophirima and Others (J2745/18) [2019] ZALCJHB 321 (13 November 2019)

Brown and Others v Bophirima and Others (J2745/18) [2019] ZALCJHB 321 (13 November 2019)

The court found that the Third, Fourth and Fifth Respondents, as board members of the First Respondent, are responsible for the entity's failure to comply with the settlement agreement and arbitration award. Their joinder in the contempt application is justified by their control over the First Respondent and their neglect in giving effect to the court's orders. The suspended fine of R 50,000 imposed on the First Respondent is now due and payable due to continued non-compliance with the reinstatement order and payment of back-pay. The court ordered the Third, Fourth and Fifth Respondents to appear and show cause why they should not be found guilty of contempt, with the possibility of...

Citation
[2019] ZALCJHB 321
Parties
Applicant: Molapisi, Tshepo Brown; Applicant: Ngwako, Obakeng; Applicant: Motsetau, Jeremiah; Applicant: Keogatile, Papiso; Respondent: Bophirima, FM; Respondent: Morontsi, Jacob Funny; Respondent: Itumeleng, Kitso; Respondent: Modise, Motlokoi; Respondent: Pitso, Percy
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 November 2019
Case Number
J2745/18
Procedural Posture
Contempt Application / Joinder and Further Contempt Proceedings
Outcome
Joinder of Third, Fourth and Fifth Respondents in contempt application granted; further contempt proceedings ordered.
Judges
Robert Lagrange
Legal Topics
Contempt of Court, Settlement Agreement Enforcement, Joinder of Parties, Arbitration Award, Reinstatement and Back Pay
Labour Law Civil Procedure Contempt of Court Settlement Agreement Enforcement Joinder of Parties Arbitration Award Reinstatement and Back Pay

Case Brief

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Parties

Molapisi, Tshepo Brown

Applicant

Ngwako, Obakeng

Applicant

Motsetau, Jeremiah

Applicant

Keogatile, Papiso

Applicant

Bophirima, FM

Respondent

Morontsi, Jacob Funny

Respondent

Itumeleng, Kitso

Respondent

Modise, Motlokoi

Respondent

Pitso, Percy

Respondent

Procedural Posture

Contempt Application / Joinder and Further Contempt Proceedings

Legal Issues

  1. 1 Whether the Third, Fourth and Fifth Respondents should be joined in the contempt application for failure to comply with the settlement agreement and arbitration award.
  2. 2 Whether the Respondents are in contempt of court for failing to reinstate the Applicants and pay back-pay as ordered.
  3. 3 Whether the suspended fine of R 50,000 is now due and payable due to non-compliance with the reinstatement order.

Ratio Decidendi

The court found that the Third, Fourth and Fifth Respondents, as board members of the First Respondent, are responsible for the entity's failure to comply with the settlement agreement and arbitration award. Their joinder in the contempt application is justified by their control over the First Respondent and their neglect in giving effect to the court's orders. The suspended fine of R 50,000 imposed on the First Respondent is now due and payable due to continued non-compliance with the reinstatement order and payment of back-pay. The court ordered the Third, Fourth and Fifth Respondents to appear and show cause why they should not be found guilty of contempt, with the possibility of...

Court Disposition

Joinder of Third, Fourth and Fifth Respondents in contempt application granted; further contempt proceedings ordered.

Orders

  • The Third, Fourth and Fifth Respondents are to appear on 6 December 2019 at 10H00 in the Labour Court Johannesburg to show cause why they should not be found guilty of contempt of Court for failure to comply with the settlement agreement and arbitration award.
  • The Third, Fourth and Fifth Respondents may explain their conduct by affidavit filed 10 days before the appearance date; Applicants may respond five days later.