Kunelisi and Another v Buffalo City Metropolitan Municipality and Others (P68/2023) [2023] ZALCPE 27 (24 November 2023)

Kunelisi and Another v Buffalo City Metropolitan Municipality and Others (P68/2023) [2023] ZALCPE 27 (24 November 2023)

The court finds that the Second and Third Respondents have failed to comply with the arbitration award certified by the CCMA. They are ordered to appear before the Labour Court to show cause why they should not be found guilty of contempt of court. The Respondents may provide an explanation by affidavit, but this does not excuse their personal attendance. If they fail to provide a satisfactory explanation or do not appear despite proper service, they may be found guilty of contempt and face incarceration or a fine as determined by the court. The Respondents are ordered to pay the costs of the application on an attorney and client scale. Service of the order is to be effected on their...

Citation
[2023] ZALCPE 27
Parties
Applicant: Khanya Kunelisi; Applicant: Vuyokazi Mshumpela; Respondent: Buffalo City Metropolitan Municipality; Respondent: Mxolisi Yawa; Respondent: A.S Naidoo
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
24 November 2023
Case Number
P68/2023
Procedural Posture
Contempt Application / Ex Tempore Order on Contempt Proceedings
Outcome
Second and Third Respondents ordered to appear to show cause regarding contempt; costs awarded against Respondents; alternative relief granted.
Judges
Lagrange
Legal Topics
Contempt of Court, Arbitration Award Enforcement, Costs Order, Service of Process
Labour Law Civil Procedure Contempt of Court Arbitration Award Enforcement Costs Order Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Khanya Kunelisi

Applicant

Vuyokazi Mshumpela

Applicant

Buffalo City Metropolitan Municipality

Respondent

Mxolisi Yawa

Respondent

A.S Naidoo

Respondent

Procedural Posture

Contempt Application / Ex Tempore Order on Contempt Proceedings

Legal Issues

  1. 1 Whether the Second and Third Respondents are in contempt of court for failing to comply with the arbitration award.
  2. 2 Whether the Respondents have provided a satisfactory explanation for non-compliance.
  3. 3 What sanctions are appropriate for contempt, including incarceration or fines.

Ratio Decidendi

The court finds that the Second and Third Respondents have failed to comply with the arbitration award certified by the CCMA. They are ordered to appear before the Labour Court to show cause why they should not be found guilty of contempt of court. The Respondents may provide an explanation by affidavit, but this does not excuse their personal attendance. If they fail to provide a satisfactory explanation or do not appear despite proper service, they may be found guilty of contempt and face incarceration or a fine as determined by the court. The Respondents are ordered to pay the costs of the application on an attorney and client scale. Service of the order is to be effected on their...

Court Disposition

Second and Third Respondents ordered to appear to show cause regarding contempt; costs awarded against Respondents; alternative relief granted.

Orders

  • Second and Third Respondents must appear in the Labour Court at 10h00 on Friday 9th February 2024 to show cause why they should not be found guilty of contempt of court for failing to comply with the arbitration award.
  • Respondents may explain their conduct by affidavit on the day of the hearing or before, but must attend court.