Dienste v Havenga and Another (J602/08) [2008] ZALCJHB 73 (23 April 2008)

Dienste v Havenga and Another (J602/08) [2008] ZALCJHB 73 (23 April 2008)

The court held that, although the Labour Court rules do not expressly provide for a stay of execution upon the filing of a petition for leave to appeal, Rule 11(3) allows the court to adopt procedures from the High Court where appropriate. The High Court's Rule 49(11) provides that an application for leave to appeal stays execution. The court found persuasive authority in Claude Neon Ltd v Europa Acceptances Group Ltd and Jewellery Investments (Pty) Ltd v Southern Sun Hotel Corporation, which held that a petition for leave to appeal suspends the operation of the judgment. The court concluded that the filing of a petition to the Judge President of the Labour Appeal Court is equivalent to...

Citation
[2008] ZALCJHB 73
Parties
Applicant: Christo Bothma Finansiele Dienste; Respondent: RG Havenga; Respondent: The Deputy Sheriff, Klerksdorp
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 April 2008
Case Number
J602/08
Procedural Posture
Stay Application / Urgent Application for Stay of Execution Pending Petition for Leave to Appeal
Outcome
Application granted. Execution of the order under case number J1921/05 is stayed pending the outcome of the petition for leave to appeal before the Labour Appeal Court.
Judges
Francis
Legal Topics
Stay of Execution, Leave to Appeal, Labour Court Rules, Arbitration Award Enforcement
Labour Law Civil Procedure Stay of Execution Leave to Appeal Labour Court Rules Arbitration Award Enforcement

Case Brief

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Parties

Christo Bothma Finansiele Dienste

Applicant

RG Havenga

Respondent

The Deputy Sheriff, Klerksdorp

Respondent

Procedural Posture

Stay Application / Urgent Application for Stay of Execution Pending Petition for Leave to Appeal

Legal Issues

  1. 1 Does the filing of a petition for leave to appeal to the Judge President of the Labour Appeal Court stay the enforcement of a Labour Court order?
  2. 2 Should the execution of the order under case number J1921/05 be suspended pending the outcome of the petition for leave to appeal?.

Ratio Decidendi

The court held that, although the Labour Court rules do not expressly provide for a stay of execution upon the filing of a petition for leave to appeal, Rule 11(3) allows the court to adopt procedures from the High Court where appropriate. The High Court's Rule 49(11) provides that an application for leave to appeal stays execution. The court found persuasive authority in Claude Neon Ltd v Europa Acceptances Group Ltd and Jewellery Investments (Pty) Ltd v Southern Sun Hotel Corporation, which held that a petition for leave to appeal suspends the operation of the judgment. The court concluded that the filing of a petition to the Judge President of the Labour Appeal Court is equivalent to...

Court Disposition

Application granted. Execution of the order under case number J1921/05 is stayed pending the outcome of the petition for leave to appeal before the Labour Appeal Court.

Orders

  • The execution of the order made under case number J1921/05 is stayed pending the outcome of the petition for leave to appeal currently before the Labour Appeal Court.
  • There is no order as to costs.