Muza v Moving Ads South Africa (PTY) Ltd (J 2512/18) [2019] ZALCJHB 380 (27 August 2019)
- Citation
- [2019] ZALCJHB 380
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- GUSH
- Case number
- J 2512/18
More details
- Court
- Labour Court Johannesburg
- Panel
- GUSH
- Case number
- J 2512/18
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant is entitled to attach the respondent's bank accounts to enforce the Labour Court order and the taxed bill of costs, as the respondent has failed to comply with the previous orders. The attachment is necessary to give effect to the judgment and ensure payment of the amounts due.
Court disposition
Leave granted to the applicant to attach the respondent's bank accounts to enforce the Labour Court order and taxed costs.
Orders
- The Applicant is granted leave to attach the Respondent's bank accounts pursuant to fulfilling the Labour Court order of 26 February 2019 and the taxed bill of costs taxed and allowed by the Taxing Master on 17 April 2019.
- The bank accounts referred to are held at First National Bank Randburg, Account Number [....], Branch Code [....] and at Standard Bank Sandton City, Account Number [....] and Branch Code [....].
02
Material facts
Parties
Nyasha Desmond Muza
ApplicantMoving Ads South Africa (PTY) Ltd
Respondent03
Procedural history
Posture
Urgent Application / Order for Attachment of Bank Accounts to Enforce Labour Court Order and Taxed Costs
04
Questions and positions
Legal issues
Whether the applicant is entitled to attach the respondent's bank accounts to enforce the Labour Court order and the taxed bill of costs.
Party arguments
- Applicant
- The applicant seeks leave to attach the respondent's bank accounts in order to enforce compliance with the Labour Court order dated 26 February 2019 and the taxed bill of costs allowed by the Taxing Master on 17 April 2019.
- Respondent
- The respondent's position is not recorded in the order; no opposing argument is set out in the judgment.
05
Court’s reasoning
Legal principles
- 01
Labour Relations Act, 66 of 1995
A party may seek attachment of a respondent's assets to enforce compliance with a Labour Court order and a taxed bill of costs.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant is entitled to attach the respondent's bank accounts to enforce the Labour Court order and the taxed bill of costs, as the respondent has failed to comply with the previous orders. The attachment is necessary to give effect to the judgment and ensure payment of the amounts due.
Court disposition
Leave granted to the applicant to attach the respondent's bank accounts to enforce the Labour Court order and taxed costs.
- The Applicant is granted leave to attach the Respondent's bank accounts pursuant to fulfilling the Labour Court order of 26 February 2019 and the taxed bill of costs taxed and allowed by the Taxing Master on 17 April 2019.
- The bank accounts referred to are held at First National Bank Randburg, Account Number [....], Branch Code [....] and at Standard Bank Sandton City, Account Number [....] and Branch Code [....].
Source and reliance status
Labour Court Johannesburg
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Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Order
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN THE LABOUR COURT OF SOUTH AFRICA,JOHANNESBURG
CASE NO: J 2512/18
Honourable Justice GUSH ORDERED on 27 AUGUST 2019
In the matter between:
NYASHA
DESMOND MUZA
Applicant
And
MOVING ADS SOUTH AFRICA-(PTY) LTD
Respondent
ORDER
Having read the documents and having considered the matter:
IT IS ORDERED THAT:
1. The Applicant is granted leave to attach the Respondent's bank accounts pursuant to fulfilling the Labour Court order of 26 February 2019 and the taxed bill of costs taxed and allowed by the Taxing Master on 17 April 2019.
2. The bank accounts referred at Paragraph 1 are held at First National Bank Randburg, Account Number [....], Branch Code [....] and at Standard Bank Sandton City, Account Number [....] and Branch Code [....].
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