Lekganyane v Commission for Conciliation Mediation and Arbitration and Another (J1695/19) [2019] ZALCJHB 221 (13 August 2019)

Lekganyane v Commission for Conciliation Mediation and Arbitration and Another (J1695/19) [2019] ZALCJHB 221 (13 August 2019)

The applicant failed to establish that the CCMA or any commissioner acted in contempt of court. The postponement of the arbitration hearing pending the outcome of a rescission application does not constitute contempt, as the matter was remitted for rehearing and remains pending. The applicant did not comply with the...

Source-derived case information.

Citation
[2019] ZALCJHB 221
Parties
Applicant: Daniel Kitimi Lekganyane; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Road Accident Fund
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 August 2019
Case Number
J1695/19
Procedural Posture
Urgent Application / Application to Hold CCMA in Contempt and for Ancillary Relief
Outcome
Application struck from the roll for lack of urgency, with punitive costs order.
Judges
Van Niekerk
Legal Topics
Contempt of Court, Urgent Application, Remittal for Rehearing, Practice Manual Compliance
Labour Law Civil Procedure Contempt of Court Urgent Application Remittal for Rehearing Practice Manual Compliance

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Summary, issues, holding and outcome

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Parties

Daniel Kitimi Lekganyane

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Road Accident Fund

Respondent

Procedural Posture

Urgent Application / Application to Hold CCMA in Contempt and for Ancillary Relief

Legal Issues

  1. 1 Whether the CCMA is in contempt of court for failing to abide by the order granted on 12 February 2019.
  2. 2 Whether the application is urgent and should be heard as such.
  3. 3 Whether the applicant has followed the correct procedure for contempt applications.

Ratio Decidendi

The applicant failed to establish that the CCMA or any commissioner acted in contempt of court. The postponement of the arbitration hearing pending the outcome of a rescission application does not constitute contempt, as the matter was remitted for rehearing and remains pending. The applicant did not comply with the procedural requirements for contempt applications, including the correct form and joinder of responsible persons. Furthermore, the application was not urgent, as the applicant suffers no irreparable harm and has an alternative remedy by reviewing the arbitrator's ruling. The application is frivolous and vexatious, and the interests of law and fairness require a punitive costs...

Court Disposition

Application struck from the roll for lack of urgency, with punitive costs order.

Orders

  • The application is struck from the roll for lack of urgency.
  • Costs are awarded against the applicant on the scale as between attorney and client.