Moloto and Another v Kagisano Molopo Local Municipality and Others (J 4415/18) [2019] ZALCJHB 25 (21 February 2019)

Moloto and Another v Kagisano Molopo Local Municipality and Others (J 4415/18) [2019] ZALCJHB 25 (21 February 2019)

The court found that the order of Cele J reinstating the applicants was final in effect, as it disposed of the issue of their suspension. The requirements of section 18 of the Superior Courts Act were satisfied: exceptional circumstances existed because the relief was time-sensitive and would be rendered academic by...

Source-derived case information.

Citation
[2019] ZALCJHB 25
Parties
Applicant: Morufa Moloto; Applicant: Olebile Obed Ntsimane; Respondent: Kagisano Molopo Local Municipality; Respondent: Olaotse Theophilus Bojosinyane; Respondent: Zebo Tshetlho
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 February 2019
Case Number
J 4415/18
Procedural Posture
Urgent Application / Application to Enforce Labour Court Order Pending Appeal Under Section 18 of the Superior Courts Act
Outcome
Application granted; Labour Court order of 8 January 2019 to operate pending final determination of all leave to appeal applications and appeals.
Judges
Prinsloo
Legal Topics
Precautionary Suspension, Section 18 Superior Courts Act, Interim Vs Final Order, Irreparable Harm, Exceptional Circumstances
Labour Law Civil Procedure Precautionary Suspension Section 18 Superior Courts Act Interim Vs Final Order Irreparable Harm Exceptional Circumstances

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Morufa Moloto

Applicant

Olebile Obed Ntsimane

Applicant

Kagisano Molopo Local Municipality

Respondent

Olaotse Theophilus Bojosinyane

Respondent

Zebo Tshetlho

Respondent

Procedural Posture

Urgent Application / Application to Enforce Labour Court Order Pending Appeal Under Section 18 of the Superior Courts Act

Legal Issues

  1. 1 Whether the Labour Court order of 8 January 2019 is interim or final in effect.
  2. 2 Whether the applicants are entitled to enforcement of the reinstatement order pending appeal under section 18 of the Superior Courts Act.
  3. 3 Whether exceptional circumstances and irreparable harm exist to justify enforcement of the order.

Ratio Decidendi

The court found that the order of Cele J reinstating the applicants was final in effect, as it disposed of the issue of their suspension. The requirements of section 18 of the Superior Courts Act were satisfied: exceptional circumstances existed because the relief was time-sensitive and would be rendered academic by delays, and the applicants would suffer irreparable harm by being unable to qualify for performance bonuses due to absence from work. The respondents would not suffer irreparable harm if the order was enforced, as they would benefit from the applicants' services and reduce the financial burden of paying suspended employees. The point in limine raised by the respondents was...

Court Disposition

Application granted; Labour Court order of 8 January 2019 to operate pending final determination of all leave to appeal applications and appeals.

Orders

  • The Labour Court order granted on 8 January 2019 under case number J 4415/18 operates and is extant until the final determination of all leave to appeal applications and appeals against the said order.
  • The First and Second Respondents are ordered to comply with the Labour Court order handed down on 8 January 2019 within 24 hours of this order being granted.