Mpahlele v Muswede (JS173/14) [2017] ZALCJHB 20 (25 January 2017)

Mpahlele v Muswede (JS173/14) [2017] ZALCJHB 20 (25 January 2017)

The court found that the failure to specifically record the granting of condonation in the default judgment order did not render the order erroneously granted under Rule 16A(1)(a)(i). The evidence showed that condonation would have been granted based on the respondent's substantive explanation and the CCMA's accountability for the delay. The applicants failed to oppose the statement of claim and condonation application, and proof of service by registered mail was provided, including collection receipts. The applicants did not provide a reasonable or bona fide explanation for their default, nor did they investigate the collection of mail or provide supporting evidence. Their denials were...

Citation
[2017] ZALCJHB 20
Parties
Applicant: Dr Tshebo Mpahlele; Applicant: Khathu Phungu; Respondent: Rofhiwa Muswede
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 January 2017
Case Number
JS173/14
Procedural Posture
Rescission Application / Judgment on Opposed Rescission Application After Default Judgment
Outcome
Application for rescission dismissed with costs.
Judges
Howes
Legal Topics
Rescission of Judgment, Default Judgment, Automatic Unfair Dismissal, Condonation, Service of Process
Labour Law Civil Procedure Rescission of Judgment Default Judgment Automatic Unfair Dismissal Condonation Service of Process

Case Brief

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Parties

Dr Tshebo Mpahlele

Applicant

Khathu Phungu

Applicant

Rofhiwa Muswede

Respondent

Procedural Posture

Rescission Application / Judgment on Opposed Rescission Application After Default Judgment

Legal Issues

  1. 1 Whether the default judgment was erroneously granted in the absence of the applicants under Rule 16A(1)(a)(i).
  2. 2 Whether the applicants provided a bona fide explanation and showed good cause for their default under Rule 16A(1)(b).
  3. 3 Whether failure to record condonation in the order amounts to an error justifying rescission.

Ratio Decidendi

The court found that the failure to specifically record the granting of condonation in the default judgment order did not render the order erroneously granted under Rule 16A(1)(a)(i). The evidence showed that condonation would have been granted based on the respondent's substantive explanation and the CCMA's accountability for the delay. The applicants failed to oppose the statement of claim and condonation application, and proof of service by registered mail was provided, including collection receipts. The applicants did not provide a reasonable or bona fide explanation for their default, nor did they investigate the collection of mail or provide supporting evidence. Their denials were...

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The First and Second Applicants' application for rescission is dismissed.
  • The First and Second Applicants are to pay the Respondent's legal costs on a party and party scale.