Mpanza and Others v Acting Chief Litigation Officer For The Department Of Justice And Constitutional Development And Correctional Services and Others (J 1571/14) [2014] ZALCJHB 248 (9 July 2014)

Parties

Procedural Posture

Urgent Application / Application for Urgent Interdict

Legal Issues

1. 1 Whether the reduction of the applicants' salaries constitutes an unlawful deduction under section 34(1) of the Basic Conditions of Employment Act.
2. 2 Whether the applicants have established a clear right to prohibit the reduction of their salaries.
3. 3 Whether the applicants are suffering irreparable harm justifying urgent relief.

Ratio Decidendi

The court found that there was a major dispute of fact regarding whether the applicants had reported for duty, which could not be resolved on the papers. The applicants failed to establish on a balance of probabilities that they were entitled to their full salaries, as the respondents' version indicated that remuneration was not due in the absence of tendered services. The applicants did not demonstrate a clear right to prohibit the reduction of their salaries, nor did they establish that the deductions were for the recovery of a debt rather than a reduction in remuneration. The only deduction found to be unlawful was the amount exceeding one third of the second applicant's salary, which...

Court Disposition

Application dismissed except for the interdiction of the unlawful deduction from the second applicant's salary.

Orders

• The third respondent is joined as a party in these proceedings.
• The application is dismissed save for the part pertaining to the deduction of R 48,946.50 from the second applicant's remuneration in July 2014, which the respondents are interdicted from implementing.