Mabandla and Others v Cape Peninsula University of Technology and Another (C720/2019) [2020] ZALCCT 7 (10 March 2020)

Mabandla and Others v Cape Peninsula University of Technology and Another (C720/2019) [2020] ZALCCT 7 (10 March 2020)

The court found that, on a balance of probabilities, the First Respondent was in contempt of court for failing to comply with the certified arbitration award arising from the settlement agreement. Although certain employees knowingly avoided compliance, there was no evidence that the institution's management or Vice Chancellor acted with malice or deliberate intent to frustrate the applicants. The delay was due to operational oversight and internal miscommunication. The court determined that a remedy based on proof of malice was not applicable but expressed its displeasure through a declaratory order and an order for costs against the First Respondent to ensure compliance and uphold the...

Citation
[2020] ZALCCT 7
Parties
Applicant: Thembelani Mabandla and 228 Others; Respondent: Cape Peninsula University of Technology; Respondent: Vice Chancellor Professor Nkongwane Stoffel Nhlapo
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
10 March 2020
Case Number
C720/2019
Procedural Posture
Contempt Application / Final Judgment
Outcome
Application granted in part; declaratory order of contempt and costs awarded against First Respondent.
Judges
Rabkin-Naicker
Legal Topics
Contempt of Court, Settlement Agreement, Arbitration Award, Costs Order
Labour Law Civil Procedure Contempt of Court Settlement Agreement Arbitration Award Costs Order

Case Brief

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Parties

Thembelani Mabandla and 228 Others

Applicant

Cape Peninsula University of Technology

Respondent

Vice Chancellor Professor Nkongwane Stoffel Nhlapo

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents were in contempt of the settlement agreement made an arbitration award and certified as an order of the Labour Court.
  2. 2 Whether the respondents' failure to comply was deliberate or malicious.
  3. 3 What remedies are appropriate for contempt in the circumstances.

Ratio Decidendi

The court found that, on a balance of probabilities, the First Respondent was in contempt of court for failing to comply with the certified arbitration award arising from the settlement agreement. Although certain employees knowingly avoided compliance, there was no evidence that the institution's management or Vice Chancellor acted with malice or deliberate intent to frustrate the applicants. The delay was due to operational oversight and internal miscommunication. The court determined that a remedy based on proof of malice was not applicable but expressed its displeasure through a declaratory order and an order for costs against the First Respondent to ensure compliance and uphold the...

Court Disposition

Application granted in part; declaratory order of contempt and costs awarded against First Respondent.

Orders

  • It is declared that the First Respondent was in contempt of Court on a balance of probabilities.
  • The First Respondent shall pay the costs of this application.