Erasmus v Minister of Safety and Security and Another (JR1122/09) [2011] ZALCJHB 112 (8 December 2011)
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...
Source-derived case information.
- Citation
- [2011] ZALCJHB 112
- Parties
- Applicant: Marinda Erasmus; Respondent: Minister of Safety and Security; Respondent: Commissioner of the South African Police Services
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR1122/09
- Procedural Posture
- Variation Application / Variation of Judgment
- Outcome
- The judgment is varied to correct a patent spelling error.
- Judges
- Robert Lagrange
- Legal Topics
- Variation of Judgment, Patent Error Correction
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marinda Erasmus
Applicant
Minister of Safety and Security
Respondent
Commissioner of the South African Police Services
Respondent
Procedural Posture
Variation Application / Variation of Judgment
Legal Issues
- 1 Whether there is a patent spelling error in the judgment handed down on 7 December 2011.
- 2 Whether the judgment should be varied to correct the error.
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.
Orders
- The word ‘inoperable’ in paragraph [29] of the judgment handed down on 7 December 2011 is replaced with ‘inoperative’.
Full Case Text
Judgment text and source record
15 paragraphs
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