Mkhwanazi v Commission for Conciliation Mediation and Arbitration and Others (JR1594/01) [2002] ZALCJHB 1 (5 February 2002)
The court found that although the CCMA did not have jurisdiction to conciliate the dispute, this fact alone does not render the settlement agreement invalid. However, the undisputed evidence that the applicant felt manipulated and doubted the objectivity of the Commissioner justified setting aside the agreement. The...
Source-derived case information.
- Citation
- [2002] ZALCJHB 1
- Parties
- Applicant: M Mkhwanazi; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Abe Mathebula; Respondent: Josiah Mathebula
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR1594/01
- Procedural Posture
- Review Application / Judgment
- Outcome
- The settlement agreement dated 29 August 2000 is set aside.
- Judges
- E Revelas
- Legal Topics
- Jurisdiction of Ccma, Settlement Agreement, Operational Requirements, Review of Arbitration
Source-derived case record
Summary, issues, holding and outcome
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Parties
M Mkhwanazi
Applicant
Commission for Conciliation Mediation and Arbitration
Respondent
Abe Mathebula
Respondent
Josiah Mathebula
Respondent
Procedural Posture
Review Application / Judgment
Legal Issues
- 1 Whether the CCMA had jurisdiction to conciliate the dispute arising from alleged operational requirements.
- 2 Whether the settlement agreement reached under the CCMA's auspices should be set aside due to lack of jurisdiction.
- 3 Whether the applicant was manipulated or unduly influenced to sign the agreement.
Ratio Decidendi
The court found that although the CCMA did not have jurisdiction to conciliate the dispute, this fact alone does not render the settlement agreement invalid. However, the undisputed evidence that the applicant felt manipulated and doubted the objectivity of the Commissioner justified setting aside the agreement. The respondents did not contest these claims, and the court concluded that the agreement reached on 29 August 2000 should be set aside.
Court Disposition
The settlement agreement dated 29 August 2000 is set aside.
Orders
- The agreement dated 29 August 2000 reached between the parties is set aside.
Full Case Text
Judgment text and source record
26 paragraphs
[COMMENT1] Sneller Verbatim/ssl
IN THE LABOUR COURT OF SOUTH AFRICA
HELD AT BRAAMFONTEIN
CASE NO: JR1594/01
DATE: 2002-02-05
In the matter between
M MKHWANAZI Applicant
and
COMMISSION FOR CONCILIATION
MEDIATION AND ARBITRATION
1ST Respondent
ABE MATHEBULA
2ND Respondent
JOSIAH MATHEBULA 3RD Respondent
J U D G M E N T
REVELAS J:
1. The applicant, Maria Mkhwanazi, who is the former employer of the second and third respondents owns a taxi business. A dispute arising from alleged operational requirements arose between the parties and the matter was referred to the Commission for
Conciliation Mediation and Arbitration which did not have jurisdiction to hear such matters, nonetheless conciliated the matter
and a settlement agreement was reached under its auspices.
2. It is argued on behalf of the applicant that because the CCMA did not have jurisdiction to conciliate the matter the agreement derived in terms thereof should be set aside.
3. An agreement reached under those circumstances should not necessarily be set aside for lack of jurisdiction, but the dispute was such that the Commissioner who tried to conciliate the matter made input that is required from Commissioners in such circumstances. These may not have been correct because the Commissioner was not supposed to deal with such matters, or is precluded to deal with such matters. This per se is not fatal to the proses.
4. Furthermore there is undisputed evidence that the applicant felt that she was manipulated to a certain extent to sign the agreement. She also expressed her doubts about the objectivity of the Commissioner who conducted the proceedings. This is also not disputed by the employees in this matter.
5. In the circumstances the agreement dated on 29 August 2000 reached between the parties hereto is set aside.
______________________
E. Revelas
[COMMENT1]BEGIN DEUR 'N "HEADER" TE MAAK