Molefe v Kenneth Kaunda Municipality and Another (J3408/17; JR2702/14) [2018] ZALCJHB 236 (26 June 2018)

Molefe v Kenneth Kaunda Municipality and Another (J3408/17; JR2702/14) [2018] ZALCJHB 236 (26 June 2018)

The court found that, for present purposes, a Labour Appeal Court case number had been allocated to the respondents' petition for leave to appeal, and that the petition remained pending. Therefore, the respondents could not be held in contempt for failing to comply with the arbitration award. Additionally, the court noted that the arbitration award had not been made an order of court nor certified in terms of section 143 of the Labour Relations Act, rendering it unenforceable as a court order. As a result, the application for contempt was dismissed.

Citation
[2018] ZALCJHB 236
Parties
Applicant: Mankwele Molefe; Respondent: Kenneth Kaunda Municipality; Respondent: Ms LS Lesupi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 June 2018
Case Number
J3408/17; JR2702/14
Procedural Posture
Contempt Application / Final Judgment
Outcome
Application dismissed.
Judges
Van Niekerk
Legal Topics
Contempt of Court, Arbitration Award Enforcement, Review Application, S158 1 C Application
Labour Law Civil Procedure Contempt of Court Arbitration Award Enforcement Review Application S158 1 C Application

Case Brief

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Parties

Mankwele Molefe

Applicant

Kenneth Kaunda Municipality

Respondent

Ms LS Lesupi

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents are in contempt of court for failing to comply with an arbitration award.
  2. 2 Whether a valid petition for leave to appeal was filed, suspending enforcement.
  3. 3 Whether the arbitration award is enforceable as an order of court.

Ratio Decidendi

The court found that, for present purposes, a Labour Appeal Court case number had been allocated to the respondents' petition for leave to appeal, and that the petition remained pending. Therefore, the respondents could not be held in contempt for failing to comply with the arbitration award. Additionally, the court noted that the arbitration award had not been made an order of court nor certified in terms of section 143 of the Labour Relations Act, rendering it unenforceable as a court order. As a result, the application for contempt was dismissed.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • Each party is to bear its own costs.