Langplaas Boerdery CC and Others v Matshini and Others (J 1247/20) [2020] ZALCJHB 246; [2021] 4 BLLR 427 (LC); (2021) 42 ILJ 1210 (LC) (20 November 2020)

Langplaas Boerdery CC and Others v Matshini and Others (J 1247/20) [2020] ZALCJHB 246; [2021] 4 BLLR 427 (LC); (2021) 42 ILJ 1210 (LC) (20 November 2020)

The court held that a punitive costs order against the individual employees would not be justified by law or fairness, given their vulnerable status as unsophisticated farmworkers with genuine grievances and no union representation. The ongoing employment relationship and the lack of frivolous conduct further militated against such an order. However, the EFF, as a political party, had no legitimate role in the labour dispute beyond advisory assistance and became a party to the litigation by actively participating and instigating the strike and related conduct. Therefore, the EFF was ordered to pay the applicants' costs on a party and party scale, but not on a punitive basis nor including...

Citation
[2020] ZALCJHB 246
Parties
Applicant: Langplaas Boerdery CC; Applicant: Langplaas Organics CC; Applicant: Econo Langplaas (Pty) Ltd; Applicant: Langpiet Coffee (Pty) Ltd; Respondent: Rosita Matshini & 286 Others; Respondent: The Economic Freedom Fighters; Respondent: Mr Khomotjo Stanley Komape; Respondent: The Members, Supporters and Sympathisers of the First and Second Respondents
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 November 2020
Case Number
J 1247/20
Procedural Posture
Urgent Application / Costs Judgment Following Urgent Interdict and Final Order
Outcome
Costs awarded against the EFF on a party and party scale; no costs order against individual employees; no costs order for 6 November 2020 proceedings.
Judges
Tlhotlhalemaje
Legal Topics
Unprotected Strike, Costs Award, Party and Party Scale, Interdict, Employee Grievances
Labour Law Civil Procedure Unprotected Strike Costs Award Party and Party Scale Interdict Employee Grievances

Case Brief

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Parties

Langplaas Boerdery CC

Applicant

Langplaas Organics CC

Applicant

Econo Langplaas (Pty) Ltd

Applicant

Langpiet Coffee (Pty) Ltd

Applicant

Rosita Matshini & 286 Others

Respondent

The Economic Freedom Fighters

Respondent

Mr Khomotjo Stanley Komape

Respondent

The Members, Supporters and Sympathisers of the First and Second Respondents

Respondent

Procedural Posture

Urgent Application / Costs Judgment Following Urgent Interdict and Final Order

Legal Issues

  1. 1 Should a punitive costs order be granted against the individual employees and the EFF?
  2. 2 Does fairness and the requirements of law justify a costs order against farmworkers in the circumstances?
  3. 3 What is the appropriate scale of costs to be awarded against the EFF?

Ratio Decidendi

The court held that a punitive costs order against the individual employees would not be justified by law or fairness, given their vulnerable status as unsophisticated farmworkers with genuine grievances and no union representation. The ongoing employment relationship and the lack of frivolous conduct further militated against such an order. However, the EFF, as a political party, had no legitimate role in the labour dispute beyond advisory assistance and became a party to the litigation by actively participating and instigating the strike and related conduct. Therefore, the EFF was ordered to pay the applicants' costs on a party and party scale, but not on a punitive basis nor including...

Court Disposition

Costs awarded against the EFF on a party and party scale; no costs order against individual employees; no costs order for 6 November 2020 proceedings.

Orders

  • The Second Respondent (the Economic Freedom Fighters) is ordered to pay the First to Fourth Applicants' costs on a party and party scale.
  • No order as to costs is made in respect of the proceedings of 6 November 2020.