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South Africa Judgment

Labour Court Johannesburg

Matjeke v Fidelity Security Services (Pty) Ltd and Another (J1330/16) [2018] ZALCJHB 158 (3 May 2018)

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01

Holding and result

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.

02

Material facts

Parties

Joel Lesego Matjeke

Applicant Counsel: Ms S Taylor-Bravi

Fidelity Security Services (Pty) Ltd

Respondent Counsel: Mr C Crafford

Rodney Joubert

Respondent Counsel: Mr C Crafford

03

Procedural history

  1. Posture

    Contempt Application / Application for Contempt Order

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant alleged that the respondents failed to comply with the court order which made the CCMA settlement agreement an order of court. He claimed that Fidelity Security Services and Rodney Joubert did not reinstate him or arrange the required meeting to address his grievances, thus constituting contempt of court.
Respondent
The respondents, represented by Mr Crafford, argued that Fidelity had undertaken to reinstate the applicant and that arrangements were made for him to report for duty at 08:00 on Monday, 19 February 2018. They denied any wilful or mala fide non-compliance with the court order.

05

Court’s reasoning

  1. 01

    Fakie NO v CCII Systems (Pty) Ltd 2006 (4) SA 326 (SCA)

    Contempt of court requires proof of wilful and mala fide non-compliance with a court order.

  2. 02

    Fakie NO v CCII Systems (Pty) Ltd 2006 (4) SA 326 (SCA)

    A party seeking contempt must establish non-compliance beyond reasonable doubt.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The court noted the importance of legal representation for unrepresented litigants and commended the SASLAW pro bono clinic for assisting the applicant.
  • The court encouraged parties to resolve disputes amicably and confirmed that compliance with settlement agreements is essential for labour relations.

Court disposition

Application for contempt of court dismissed.

  • The application for contempt of court is dismissed.
  • No order as to costs.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

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Source document

Labour Court Johannesburg

Judgment

[2018] ZALCJHB 158

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).

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Fakie NO v CCII Systems (Pty) Ltd 2006 (4) SA 326 (SCA)

Case cited

Labour Relations Act 66 of 1995

Legislation

Legislation referenced in the available case record.

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