Mabovula and Another v Walter Sisulu University and Others (1465/2013) [2014] ZAECMHC 39 (20 November 2014)

Mabovula and Another v Walter Sisulu University and Others (1465/2013) [2014] ZAECMHC 39 (20 November 2014)

The court found that while the respondents failed to pay the applicants' salaries as required by the previous order, they acted under a bona fide belief that the applicants had been lawfully dismissed following a delegation of authority. The respondents provided acceptable evidence establishing reasonable doubt regarding wilfulness and bad faith, and thus contempt was not proven beyond reasonable doubt. The applicants did not sufficiently establish entitlement to payment of salaries pending exhaustion of internal processes, as the dismissal status and available remedies were uncertain and not covered by the original order. However, the respondents were ordered to respond to specific union...

Citation
[2014] ZAECMHC 39
Parties
Applicant: Linda Mabovula; Applicant: Mlamli Matyumza; Respondent: Walter Sisulu University; Respondent: Z. B. Mkovane; Respondent: The Administrator, Walter Sisulu University (Prof Van Staden)
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
20 November 2014
Case Number
1465/2013
Procedural Posture
Urgent Application / Return Date of Rule Nisi; Confirmation or Discharge of Interim Relief
Outcome
Contempt application dismissed; partial confirmation and amendment of interim relief; costs awarded to applicants.
Judges
N G Beshe
Legal Topics
Contempt of Court, Disciplinary Inquiry, Interim Relief, Payment of Salaries
Labour Law Civil Procedure Contempt of Court Disciplinary Inquiry Interim Relief Payment of Salaries

Case Brief

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Parties

Linda Mabovula

Applicant

Mlamli Matyumza

Applicant

Walter Sisulu University

Respondent

Z. B. Mkovane

Respondent

The Administrator, Walter Sisulu University (Prof Van Staden)

Respondent

Procedural Posture

Urgent Application / Return Date of Rule Nisi; Confirmation or Discharge of Interim Relief

Legal Issues

  1. 1 Whether the respondents are in contempt of the court order dated 26 July 2012 by failing to pay the applicants' salaries.
  2. 2 Whether the applicants are entitled to payment of their salaries pending exhaustion of internal disciplinary processes.
  3. 3 Whether respondents must respond to specific union communications within a prescribed period.

Ratio Decidendi

The court found that while the respondents failed to pay the applicants' salaries as required by the previous order, they acted under a bona fide belief that the applicants had been lawfully dismissed following a delegation of authority. The respondents provided acceptable evidence establishing reasonable doubt regarding wilfulness and bad faith, and thus contempt was not proven beyond reasonable doubt. The applicants did not sufficiently establish entitlement to payment of salaries pending exhaustion of internal processes, as the dismissal status and available remedies were uncertain and not covered by the original order. However, the respondents were ordered to respond to specific union...

Court Disposition

Contempt application dismissed; partial confirmation and amendment of interim relief; costs awarded to applicants.

Orders

  • Paragraph 2.1 of the rule nisi (contempt of court) is discharged.
  • Paragraph 2.2 is confirmed as amended: payment of salaries pending finalisation of the disciplinary inquiry before the third respondent.