Capricorn District Municipality v Mostuki (J2764/2013) [2014] ZALCJHB 147 (5 May 2014)

Capricorn District Municipality v Mostuki (J2764/2013) [2014] ZALCJHB 147 (5 May 2014)

The court found that the contract contained irreconcilable provisions regarding its duration, with clause 2.1 specifying a five year fixed term and clause 2.2 containing dates amounting to nearly six years. The performance agreements consistently referenced a five year term commencing on 15 June 2009. There was no evidence or plausible explanation for a contract of nearly six years. The respondent's reliance on the dates in clause 2.2 was not supported by any substantive reason, and his argument that it suited his retirement planning was insufficient. The court held that the dates in clause 2.2 were inserted in error and did not reflect the common intention of the parties. Accordingly,...

Citation
[2014] ZALCJHB 147
Parties
Applicant: Capricorn District Municipality; Respondent: Moatlhodi Isaac Motsuki
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 May 2014
Case Number
J2764/2013
Procedural Posture
Rectification Application / Judgment
Outcome
Application for rectification granted. The employment contract is rectified to reflect a five year fixed term commencing on 15 June 2009 and ending on 14 June 2014. The current performance agreement terminates on 14 June 2014. Costs awarded to the applicant.
Judges
R Lagrange
Legal Topics
Rectification of Contract, Fixed Term Employment, Performance Agreement, Municipal Systems Act, Contractual Intention
Labour Law Civil Procedure Rectification of Contract Fixed Term Employment Performance Agreement Municipal Systems Act Contractual Intention

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Parties

Capricorn District Municipality

Applicant

Moatlhodi Isaac Motsuki

Respondent

Procedural Posture

Rectification Application / Judgment

Legal Issues

  1. 1 Whether the employment contract correctly reflects the intended fixed term of employment.
  2. 2 Whether the dates in clause 2.2 of the contract were inserted in error and should be rectified.
  3. 3 Whether the current performance agreement extends beyond the corrected employment contract term.

Ratio Decidendi

The court found that the contract contained irreconcilable provisions regarding its duration, with clause 2.1 specifying a five year fixed term and clause 2.2 containing dates amounting to nearly six years. The performance agreements consistently referenced a five year term commencing on 15 June 2009. There was no evidence or plausible explanation for a contract of nearly six years. The respondent's reliance on the dates in clause 2.2 was not supported by any substantive reason, and his argument that it suited his retirement planning was insufficient. The court held that the dates in clause 2.2 were inserted in error and did not reflect the common intention of the parties. Accordingly,...

Court Disposition

Application for rectification granted. The employment contract is rectified to reflect a five year fixed term commencing on 15 June 2009 and ending on 14 June 2014. The current performance agreement terminates on 14 June 2014. Costs awarded to the applicant.

Orders

  • Clause 2.2 of the contract of employment recorded in Annexure 'NDM1' is rectified by substituting the dates '01 June 2009' and '01 May 2015' with '15 June 2009' and '14 June 2014' respectively.
  • The current performance agreement for the financial year 01 July 2013 to 30 June 2014 will terminate on 14 June 2014.