Fidelity Security Services (Pty) Ltd v The Sheriff: Roodepoort and Another (J4002/2018) [2018] ZALCJHB 387 (22 November 2018)

Fidelity Security Services (Pty) Ltd v The Sheriff: Roodepoort and Another (J4002/2018) [2018] ZALCJHB 387 (22 November 2018)

The court found that although the applicant's delay in bringing the application was not satisfactorily explained and would ordinarily result in the matter being struck off for lack of urgency, the interests of justice and the need for speedy resolution of labour disputes justified a full determination. The court exercised its discretion to condone the applicant's non-compliance with the rules and to stay the writ of execution pending the rescission application, as the underlying dispute was ongoing and the applicant had no alternative remedy. No order as to costs was made, in line with the requirements of law and fairness.

Citation
[2018] ZALCJHB 387
Parties
Applicant: Fidelity Security Services (Pty) Ltd; Respondent: The Sheriff, Roodepoort; Respondent: MTWU obo S. Khoza
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 November 2018
Case Number
J4002/2018
Procedural Posture
Urgent Application / Application for Stay of Writ of Execution Pending Rescission And/or Review
Outcome
Application granted: urgency condoned and writ of execution stayed pending rescission application; no order as to costs.
Judges
D Mahosi
Legal Topics
Urgent Application, Stay of Execution, Rescission of Judgment, Unfair Dismissal
Labour Law Civil Procedure Urgent Application Stay of Execution Rescission of Judgment Unfair Dismissal

Case Brief

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Parties

Fidelity Security Services (Pty) Ltd

Applicant

The Sheriff, Roodepoort

Respondent

MTWU obo S. Khoza

Respondent

Procedural Posture

Urgent Application / Application for Stay of Writ of Execution Pending Rescission And/or Review

Legal Issues

  1. 1 Whether the application should be treated as urgent and the applicant's non-compliance with rules condoned.
  2. 2 Whether the writ of execution should be stayed pending the rescission application.
  3. 3 Whether the applicant provided sufficient reasons for urgency.

Ratio Decidendi

The court found that although the applicant's delay in bringing the application was not satisfactorily explained and would ordinarily result in the matter being struck off for lack of urgency, the interests of justice and the need for speedy resolution of labour disputes justified a full determination. The court exercised its discretion to condone the applicant's non-compliance with the rules and to stay the writ of execution pending the rescission application, as the underlying dispute was ongoing and the applicant had no alternative remedy. No order as to costs was made, in line with the requirements of law and fairness.

Court Disposition

Application granted: urgency condoned and writ of execution stayed pending rescission application; no order as to costs.

Orders

  • This application is treated as one of urgency and the applicant's failure to comply with the normal time periods, forms and services is condoned.
  • The writ of execution issued by the Labour Court on 8 March 2018 under case number JS832/16 is stayed pending the rescission application under case number JS832/16.