Kufa v National Research Foundation and Others (6055/2021) [2023] ZAGPPHC 5 (5 January 2023)

Kufa v National Research Foundation and Others (6055/2021) [2023] ZAGPPHC 5 (5 January 2023)

The court found that the plaintiff's particulars of claim were excipiable on several grounds. The claims for reinstatement and damages were legally inconsistent, as reinstatement would negate the basis for damages. The plaintiff was pursuing parallel proceedings in the Labour Court and High Court, which is impermissible unless the damages claim is conditional on reinstatement failing. The claim for damages until retirement was not supported by common law, as the employment contract was not for a fixed term and could be terminated on notice. No basis was pleaded for personal liability of the second to ninth defendants, nor for payment from their pension interests, which is prohibited by...

Citation
[2023] ZAGPPHC 5
Parties
Plaintiff: Macgregor Kufa; Defendant: National Research Foundation; Defendant: Dr Molapo Qobhela; Defendant: Mr Bishen Singh; Defendant: Dr Doorsamy Pillay; Defendant: Dr Noel Samuel Rocky Skeef; Defendant: Dr Nompumelelo Obokoh; Defendant: Prof Loyiso Nongaxa; Defendant: Mr Jacob Mahlangu; Defendant: Dr Beverly Damonse
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 January 2023
Case Number
6055/2021
Procedural Posture
Exception Application / Reasons for Order Following Upheld Exceptions to Particulars of Claim
Outcome
Exceptions upheld; particulars of claim set aside; plaintiff granted leave to amend within 15 days, failing which action dismissed with costs.
Judges
Tlhapi
Legal Topics
Exceptions to Pleadings, Unlawful Dismissal, Contractual Damages, Personal Liability of Directors, Amendment of Pleadings, Jurisdiction of Labour Court
Civil Procedure Labour Law Exceptions to Pleadings Unlawful Dismissal Contractual Damages Personal Liability of Directors Amendment of Pleadings Jurisdiction of Labour Court

Case Brief

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Parties

Macgregor Kufa

Plaintiff

National Research Foundation

Defendant

Dr Molapo Qobhela

Defendant

Mr Bishen Singh

Defendant

Dr Doorsamy Pillay

Defendant

Dr Noel Samuel Rocky Skeef

Defendant

Dr Nompumelelo Obokoh

Defendant

Prof Loyiso Nongaxa

Defendant

Mr Jacob Mahlangu

Defendant

Dr Beverly Damonse

Defendant

Procedural Posture

Exception Application / Reasons for Order Following Upheld Exceptions to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim sustain a cause of action against the defendants.
  2. 2 Whether the plaintiff's claims for reinstatement and damages are legally reconcilable.
  3. 3 Whether parallel proceedings in the Labour Court and High Court are permissible.

Ratio Decidendi

The court found that the plaintiff's particulars of claim were excipiable on several grounds. The claims for reinstatement and damages were legally inconsistent, as reinstatement would negate the basis for damages. The plaintiff was pursuing parallel proceedings in the Labour Court and High Court, which is impermissible unless the damages claim is conditional on reinstatement failing. The claim for damages until retirement was not supported by common law, as the employment contract was not for a fixed term and could be terminated on notice. No basis was pleaded for personal liability of the second to ninth defendants, nor for payment from their pension interests, which is prohibited by...

Court Disposition

Exceptions upheld; particulars of claim set aside; plaintiff granted leave to amend within 15 days, failing which action dismissed with costs.

Orders

  • The defendants' exceptions are upheld with costs.
  • Costs to be paid by the plaintiff on the scale as between party and party, including costs of two counsel.