Erasmus v Minister of Safety and Security and Another (JR1122/09) [2011] ZALCJHB 112 (8 December 2011)
- Citation
- [2011] ZALCJHB 112
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Robert Lagrange
- Case number
- JR1122/09
More details
- Court
- Labour Court Johannesburg
- Panel
- Robert Lagrange
- Case number
- JR1122/09
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court identified a patent spelling error in paragraph [29] of the judgment delivered on 7 December 2011. To ensure the judgment accurately reflects the court's intention, the word ‘inoperable’ is replaced with ‘inoperative’. This correction is made in accordance with the court's inherent power to vary its own orders to correct patent errors.
Court disposition
The judgment is varied to correct a patent spelling error.
Orders
- The word ‘inoperable’ in paragraph [29] of the judgment handed down on 7 December 2011 is replaced with ‘inoperative’.
02
Material facts
Parties
Marinda Erasmus
ApplicantMinister of Safety and Security
RespondentCommissioner of the South African Police Services
Respondent03
Procedural history
Posture
Variation Application / Variation of Judgment
04
Questions and positions
Legal issues
- 01
Whether there is a patent spelling error in the judgment handed down on 7 December 2011.
- 02
Whether the judgment should be varied to correct the error.
Party arguments
- Applicant
- The applicant did not make submissions for this variation; the correction is initiated by the court to address a patent error.
- Respondent
- The respondents did not make submissions for this variation; the correction is initiated by the court to address a patent error.
05
Court’s reasoning
Legal principles
- 01
Labour Court practice
A court may vary its own judgment to correct patent errors, including spelling mistakes, to ensure the judgment accurately reflects its intention.
06
Ratio, limits and disposition
Ratio decidendi
The court identified a patent spelling error in paragraph [29] of the judgment delivered on 7 December 2011. To ensure the judgment accurately reflects the court's intention, the word ‘inoperable’ is replaced with ‘inoperative’. This correction is made in accordance with the court's inherent power to vary its own orders to correct patent errors.
Court disposition
The judgment is varied to correct a patent spelling error.
- The word ‘inoperable’ in paragraph [29] of the judgment handed down on 7 December 2011 is replaced with ‘inoperative’.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Order
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT BRAAMFONTEIN)
Case: JR 1122/09
In the matter between:
MARINDA ERASMUS …........................................................................Applicant
and
THE MINISTER OF SAFETY AND
SECURITY …............................................................................First Respondent
COMMISSIONER OF THE SOUTH
AFRICAN POLICE SERVICES …........................................Second Respondent
VARIATION OF JUDGMENT
There is a patent spelling error in the judgment in this matter handed down on 7 December 2011. Accordingly, the judgment in the above matter is varied by the replacement of the word ‘inoperable' in paragraph [29] with the word ‘inoperative’.
ROBERT LAGRANGE
JUDGE OF THE LABOUR COURT
Date of variation: 08/12/11
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