Ekhuruleni Metropolitan Municipality v Spies and Others (JR1711/14) [2014] ZALCJHB 256 (16 July 2014)
The court found that the applicant had demonstrated sufficient urgency to justify condonation of non-compliance with service rules. The risk of irreparable harm to the applicant if the attached funds were paid out before the rescission application could be heard warranted the granting of a stay of execution. The...
Source-derived case information.
- Citation
- [2014] ZALCJHB 256
- Parties
- Applicant: Ekhuruleni Metropolitan Municipality; Respondent: Revo Spies; Respondent: Joseph Mkhwanazi; Respondent: Carin Heyneke; Respondent: ABSA Bank Limited; Respondent: The Sheriff: Sandton South; Respondent: The Sheriff: Germiston South
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR1711/14
- Procedural Posture
- Stay Application / Order on Urgent Application for Stay of Execution
- Outcome
- Stay of execution granted on urgent basis, subject to conditions; no order as to costs.
- Judges
- R Lagrange
- Legal Topics
- Stay of Execution, Rescission of Default Judgment, Urgent Application, Labour Court Rules
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ekhuruleni Metropolitan Municipality
Applicant
Revo Spies
Respondent
Joseph Mkhwanazi
Respondent
Carin Heyneke
Respondent
ABSA Bank Limited
Respondent
The Sheriff: Sandton South
Respondent
The Sheriff: Germiston South
Respondent
Procedural Posture
Stay Application / Order on Urgent Application for Stay of Execution
Legal Issues
- 1 Whether the execution of the writ should be stayed pending the outcome of a rescission application.
- 2 Whether the applicant's non-compliance with service rules should be condoned due to urgency.
- 3 What conditions should apply to the stay of execution and its automatic lapse.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient urgency to justify condonation of non-compliance with service rules. The risk of irreparable harm to the applicant if the attached funds were paid out before the rescission application could be heard warranted the granting of a stay of execution. The stay was made conditional upon the applicant filing the rescission application by a specified date, failing which the order would lapse automatically. The court further directed the Registrar to prioritise the enrolment of the rescission and any subsequent review proceedings. No order as to costs was made, considering the respondents' legal representatives acted pro bono.
Court Disposition
Stay of execution granted on urgent basis, subject to conditions; no order as to costs.
Orders
- The matter is dealt with as one of urgency and the applicant's non-compliance with service rules is condoned.
- Pending the outcome of an application to rescind the default order dated 10 June 2014, the Sheriff of Sandton South is interdicted from paying out to the first, second, and third respondents the amount of R 3 837 753.73 attached pursuant to the writ of execution.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA,
IN JOHANNESBURG
JUDGMENT
NOT REPORTABLE
CASE NO: JS 1711/14
In the matter between:
EKHURULENI METROPOLITAN MUNICIPALITY Applicant And REVO SPIES First Respondent JOSEPH MKHWANAZI Second Respondent CARIN HEYNEKE Third Respondent ABSA BANK LIMITED Respondent THE SHERIFF: SANDTON SOUTH Respondent THE SHERIFF: GERMISTON SOUTH Respondent
Heard: 15 July 2014
Delivered: 16 July 2014
Summary: (Stay of execution of a writ)
LAGRANGE, J
[1] Having heard both parties’ representatives and having considered the matter the order below is made. The court is indebted to the respondents’ legal representatives for their pro bono services to the respondents.
ORDER
[2] It is ordered that:
2.1 The matter is dealt with as one of urgency condoning the applicant’s non-compliance with Rules relating to service.
2.2 Pending the outcome of an application to rescind the default order of this honourable Court (per Tlhotlhalemaje AJ) dated 10 June 2014, the fifth respondent, the Sheriff of Sandton South is interdicted from paying out to the first, second, and third respondents, the amount of R 3 837 753.73 attached by the said Sheriff pursuant to a writ of execution issued by the Registrar of the Labour Court on 19 June 2014 under case number J 646/14 and JR 2347/11.
2.3 The order in paragraph 2.2 above shall lapse automatically if either of the following events occur:
2.3.1 The applicant fails by 23 July 2014 to file an application, accompanied by a condonation application for the late filing thereof if the rescission application is not filed by 17 July 2014, to rescind the default order of this honourable Court (per Tlhotlhalemaje AJ) dated 10 June 2014.
2.3.2 In the event the said order of 10 June 2014 is rescinded, the applicant fails to comply with Rule 7A(8) of the Labour Court Rules in respect of case JR 585/2014, within 15 days of such a rescission order.
2.4 If the applicant files the aforesaid rescission application the Registrar is directed to prioritise the enrolment of the application and any subsequent review proceedings under case JR 585/2014.
2.5 No order is made as to costs.
_______________________
R LAGRANGE, J
Judge of the Labour Court of South Africa
APPEARANCES
APPLICANT:
G I Hulley instructed by Tshiqi Zebedelia Inc.
FIRST RESPONDENT: B M Jackson (pro bono) instructed by CA Bailie Attorneys (pro bono)