Msezane v Chippa Investment Holdings CC (J 2026/12) [2013] ZALCJHB 71 (3 May 2013)

Msezane v Chippa Investment Holdings CC (J 2026/12) [2013] ZALCJHB 71 (3 May 2013)

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.

Citation
[2013] ZALCJHB 71
Parties
Applicant: Innocent Vusi Msezane; Respondent: Chippa Investment Holdings CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 May 2013
Case Number
J 2026/12
Procedural Posture
Urgent Application / Application to Make Settlement Agreement an Order of Court
Outcome
Application granted; settlement agreement made an order of court.
Judges
E Molahlehi
Legal Topics
Settlement Agreement, Section 158 1 C, Enforcement of Agreements
Labour Law Civil Procedure Settlement Agreement Section 158 1 C Enforcement of Agreements

Case Brief

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Parties

Innocent Vusi Msezane

Applicant

Chippa Investment Holdings CC

Respondent

Procedural Posture

Urgent Application / Application to Make Settlement Agreement an Order of Court

Legal Issues

  1. 1 Whether the settlement agreement between the parties should be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the respondent failed to comply with the terms of the settlement agreement.

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.

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.