Msezane v Chippa Investment Holdings CC (J 2026/12) [2013] ZALCJHB 71 (3 May 2013)
- Citation
- [2013] ZALCJHB 71
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- E Molahlehi
- Case number
- J 2026/12
More details
- Court
- Labour Court Johannesburg
- Panel
- E Molahlehi
- Case number
- J 2026/12
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant and respondent had entered into a valid settlement agreement on 28 February 2011, in which the respondent undertook to pay the applicant R 6870.56 by 15 March 2011. The respondent failed to comply with this agreement and did not oppose the application, despite proper service. The court was satisfied that all procedural requirements were met and that there was no reason to refuse the application. Accordingly, the settlement agreement was made an order of court under section 158(1)(c) of the Labour Relations Act.
Court disposition
Application granted; settlement agreement made an order of court.
Orders
- The settlement agreement entered into between the applicant and the respondent on 28 February 2011 is made an order of court in terms of section 158(1)(c) of the Labour Relations Act 66 of 1995.
02
Material facts
Parties
Innocent Vusi Msezane
ApplicantChippa Investment Holdings CC
RespondentAmounts and remedies
- Settlement Amount: ZAR 6,870.56
03
Procedural history
Posture
Urgent Application / Application to Make Settlement Agreement an Order of Court
04
Questions and positions
Legal issues
- 01
Whether the settlement agreement between the parties should be made an order of court under section 158(1)(c) of the Labour Relations Act.
- 02
Whether the respondent failed to comply with the terms of the settlement agreement.
Party arguments
- Applicant
- The applicant submits that a settlement agreement was concluded on 28 February 2011, in which the respondent undertook to pay R 6870.56 by 15 March 2011. The respondent has failed to comply with this agreement. The applicant further asserts that the respondent was properly served with this application but has not opposed it.
- Respondent
- The respondent did not file any opposition or response to the application, despite proper service.
05
Court’s reasoning
Legal principles
- 01
Labour Relations Act 66 of 1995, section 158(1)(c)
A settlement agreement may be made an order of court under section 158(1)(c) of the Labour Relations Act if the agreement is valid and there is non-compliance.
- 02
General principles of civil procedure
Where there is no opposition and proper service has been effected, the court may grant the order sought.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant and respondent had entered into a valid settlement agreement on 28 February 2011, in which the respondent undertook to pay the applicant R 6870.56 by 15 March 2011. The respondent failed to comply with this agreement and did not oppose the application, despite proper service. The court was satisfied that all procedural requirements were met and that there was no reason to refuse the application. Accordingly, the settlement agreement was made an order of court under section 158(1)(c) of the Labour Relations Act.
Obiter and limits
- The matter was considered in chambers due to the absence of opposition and the straightforward nature of the relief sought.
Court disposition
Application granted; settlement agreement made an order of court.
- The settlement agreement entered into between the applicant and the respondent on 28 February 2011 is made an order of court in terms of section 158(1)(c) of the Labour Relations Act 66 of 1995.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
1
REPUBLIC OF SOUTH
AFRICA
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
CASE NO: J 2026/12
In the matter between:
INNOCENT VUSI MSEZANE ..........................................................................Applicant
and
CHIPPA INVESTMENT
HOLDINGS CC .....................................................Respondent
Date of judgment: 3 May 2013
Summary: Settlement agreement made an order of Court - Section 15(1) (c) of the Labour Relations Act 66 of 1995.
Molahlehi J
This an application in terms of which the applicant seeks an order making the settlement agreement concluded between the parties an order of Court. The settlement agreement was consequent to the dispute which the applicant had referred to the Commission for Conciliation Mediation and Arbitration. The settlement agreement was concluded on the 28th February 2011.
In terms of the settlement agreement the respondent undertook to pay the applicant the amount of R 6870.56 in full and final settlement and the amount was to be paid on or before 15 March 2011.
In the application to have the settlement agreement made an order of Court, in terms of section 158 (1) (c) of the Labour Relations Act of 1995, the applicant contends that the respondent has failed to comply with the settlement agreement. The applicant further contends that despite proper service of this application the respondent has failed and or neglected to oppose this application.
In the absence of opposition to this application and being satisfied that proper service of the application was effected, I see no reason why the applicant should not be granted the order prayed for in the notice of motion.
In the premises, the settlement agreement entered into between the applicant and the respondent on 28 February 2011, attached hereto marked "A" is made an order of the court in terms of section 158 (1) (c) of the Labour Relations Act of 1995.
_____
E Molahlehi
Judge of the Labour Court of South Africa
Appearances:
Matter considered in Chambers
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