Moqhaka Local Municipality v SAMWU obo Montsitsi (J2319/15) [2017] ZALCJHB 313 (29 August 2017)

Moqhaka Local Municipality v SAMWU obo Montsitsi (J2319/15) [2017] ZALCJHB 313 (29 August 2017)

The court found that the applicant had received proper notice of the Section 158(1)(c) application and that the confusion over case numbers did not justify its failure to oppose. The content of the application was clear and unambiguous, and the applicant did not take reasonable steps to clarify any confusion or to oppose the application. The court held that the judge who granted the enforcement order was aware of all relevant facts, including the existence of two case numbers, and that the order was properly made. The applicant's argument regarding prescription was rejected, as prescription must be raised by a party and was not invoked in the main proceedings. Furthermore, recent...

Citation
[2017] ZALCJHB 313
Parties
Applicant: Moqhaka Local Municipality; Respondent: SAMWU obo Montsitsi, NJ
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 August 2017
Case Number
J2319/15
Procedural Posture
Rescission Application / Judgment on Application for Rescission of Court Order
Outcome
Application for rescission dismissed with costs.
Judges
G Barrable
Legal Topics
Rescission of Judgment, Section 158 1 C Application, Prescription, Unopposed Application
Labour Law Civil Procedure Rescission of Judgment Section 158 1 C Application Prescription Unopposed Application

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Parties

Moqhaka Local Municipality

Applicant

SAMWU obo Montsitsi, NJ

Respondent

Procedural Posture

Rescission Application / Judgment on Application for Rescission of Court Order

Legal Issues

  1. 1 Whether the order making the arbitration award an order of court was erroneously sought or granted in the absence of the applicant.
  2. 2 Whether confusion regarding case numbers and procedural steps justified rescission of the order.
  3. 3 Whether the arbitration award had prescribed at the time the enforcement order was granted.

Ratio Decidendi

The court found that the applicant had received proper notice of the Section 158(1)(c) application and that the confusion over case numbers did not justify its failure to oppose. The content of the application was clear and unambiguous, and the applicant did not take reasonable steps to clarify any confusion or to oppose the application. The court held that the judge who granted the enforcement order was aware of all relevant facts, including the existence of two case numbers, and that the order was properly made. The applicant's argument regarding prescription was rejected, as prescription must be raised by a party and was not invoked in the main proceedings. Furthermore, recent...

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The applicant’s application for rescission is dismissed with costs.