Fipaza v Eskom Holdings Ltd and Others (JR 2220/08) [2010] ZALC 169 (17 November 2010)
The court found that paragraph 40 of the original judgment was an incomplete and redundant passage, constituting a patent error. In terms of section 165(b) of the Labour Relations Act, the court is empowered to correct such errors. The judge ordered the deletion of paragraph 40 and the renumbering of the remaining...
Source-derived case information.
- Citation
- [2010] ZALC 169
- Parties
- Applicant: Nokwanda Patience Fipaza; Respondent: Eskom Holding Ltd; Respondent: Commissioner Loyd Maponya N.O.; Respondent: The Commission for Conciliation Mediation and Arbitration
- Court
- Labour Court
- Jurisdiction
- South Africa
- Case Number
- JR 2220/08
- Procedural Posture
- Variation Application / Variation of Judgment
- Outcome
- Paragraph 40 of the judgment is deleted and the remaining paragraphs are renumbered accordingly.
- Judges
- R Lagrange
- Legal Topics
- Variation of Judgment, Patent Error, Labour Relations Act
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nokwanda Patience Fipaza
Applicant
Eskom Holding Ltd
Respondent
Commissioner Loyd Maponya N.O.
Respondent
The Commission for Conciliation Mediation and Arbitration
Respondent
Procedural Posture
Variation Application / Variation of Judgment
Legal Issues
- 1 Whether paragraph 40 of the original judgment contained a patent error requiring correction under section 165(b) of the Labour Relations Act.
Ratio Decidendi
The court found that paragraph 40 of the original judgment was an incomplete and redundant passage, constituting a patent error. In terms of section 165(b) of the Labour Relations Act, the court is empowered to correct such errors. The judge ordered the deletion of paragraph 40 and the renumbering of the remaining paragraphs to ensure the judgment accurately reflects the court's intention.
Court Disposition
Paragraph 40 of the judgment is deleted and the remaining paragraphs are renumbered accordingly.
Orders
- Paragraph 40 of the judgment is deleted.
- The remaining paragraphs are renumbered accordingly in terms of section 165(b) of the Labour Relations Act 66 of 1995.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT JOHANNESBURG)
CASE NO: JR 2220/08
In the matter between:
NOKWANDA PATIENCE FIPAZA ….................................................................Applicant
and
ESKOM HOLDING LTD …..........................................................................1st Respondent
COMMISSIONER LOYD MAPONYA N.O. ….........................................2nd Respondent
THE COMMISSION FOR CONCILIATION
MEDIATION AND ARBITRATION …......................................................3rd Respondent
VARIATION OF JUDGMENT
LAGRANGE, AJ
It has been brought to my attention that paragraph 40 of my judgment in this matter is incomplete.
It appears to have been a redundant incomplete passage which ought to have been deleted and is a patent error.
Accordingly, paragraph 40 the judgment is deleted and the remaining paragraphs renumbered accordingly in terms of section 165(b) of the Labour Relations Act 66 of 1995.
A copy of the judgment as amended is attached hereto.
ROBERT LAGRANGE
ACTING JUDGE OF THE LABOUR COURT
Date of Variation: 17 November 2010