Matjeke v Fidelity Security Services (Pty) Ltd and Another (J1330/16) [2018] ZALCJHB 158 (3 May 2018)
The applicant failed to prove that the respondents acted wilfully and in bad faith in not complying with the court order. The respondents demonstrated that arrangements for reinstatement were made and confirmed in court. In the absence of evidence of deliberate non-compliance, the requirements for contempt of court...
Source-derived case information.
- Citation
- [2018] ZALCJHB 158
- Parties
- Applicant: Joel Lesego Matjeke; Respondent: Fidelity Security Services (Pty) Ltd; Respondent: Rodney Joubert
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J1330/16
- Procedural Posture
- Contempt Application / Application for Contempt Order
- Outcome
- Application for contempt of court dismissed.
- Judges
- Steenkamp
- Legal Topics
- Contempt of Court, Settlement Agreement, Reinstatement, Ccma Award Enforcement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Lesego Matjeke
Applicant
Fidelity Security Services (Pty) Ltd
Respondent
Rodney Joubert
Respondent
Procedural Posture
Contempt Application / Application for Contempt Order
Legal Issues
- 1 Whether the respondents wilfully and in bad faith failed to comply with a court order making a CCMA settlement agreement an order of court.
- 2 Whether the applicant established contempt of court against the respondents.
Ratio Decidendi
The applicant failed to prove that the respondents acted wilfully and in bad faith in not complying with the court order. The respondents demonstrated that arrangements for reinstatement were made and confirmed in court. In the absence of evidence of deliberate non-compliance, the requirements for contempt of court were not met. The application was accordingly dismissed.
Court Disposition
Application for contempt of court dismissed.
Orders
- The application for contempt of court is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Not reportable
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Case no: J1330/16
In the matter between:
JOEL LESEGO MATJEKE Applicant and FIDELITY SECURITY SERVICES (PTY) LTD First Respondent RODNEY JOUBERT Second Respondent
Heard: 16 February 2018
Delivered: 16 February 2018
Edited: 3 May 2018
STEENKAMP J
Introduction
[1] On 16 February 2018, I dismissed an application to hold the second respondent, Rodney Joubert, in contempt of Court.
[2] The contempt application arose from the alleged failure of the respondents to comply with an order of this Court making a settlement
agreement reached at the CCMA an order of Court. In terms of that order, Fidelity had agreed to set up a meeting with the applicant, Mr Matjeke, to discuss any grievances he had; and agreed to reinstate him.
[3] When I dismissed the application on 16 February 2018, I provided brief reasons ex tempore. The applicant has now requested full reasons for the order. These are the reasons.
[4] When the matter was called, I asked an attorney from the SASLAW pro bono clinic, Ms S Taylor-Bravi, to assist the applicant, who was unrepresented. The respondents were represented by an attorney, Mr C Crafford.
[5] I stood the matter down for the parties to have a further discussion. When the matter was called after the adjournment, Ms Taylor-Bravi
informed the Court that Fidelity had undertaken to reinstate the applicant; and that he had to report for duty at 08:00 on Monday 19 February 2018. Mr Crafford confirmed those instructions from his client, Fidelity.
[6] In those circumstances, I ruled that the applicant had not shown wilful and mala fide non-compliance by the respondents.
[7] The application was dismissed.
_______________________
Steenkamp J
Judge of the Labour Court of South Africa
APPEARANCES APPLICANT: Ms C Taylor-Bravi (attorney, SASLAW pro bono clinic). RESPONDENTS: Mr C Crafford (attorney).