Ngema and Others v Screenex Wire Weaving registered as Screenex Manufacturing (Pty) Ltd and Others (JS 867/05) [2011] ZALCJHB 169; (2012) 33 ILJ 681 (LC) (19 October 2011)

Ngema and Others v Screenex Wire Weaving registered as Screenex Manufacturing (Pty) Ltd and Others (JS 867/05) [2011] ZALCJHB 169; (2012) 33 ILJ 681 (LC) (19 October 2011)

The Labour Court held that it could not substitute the second respondent for the first respondent in the Labour Appeal Court judgment after the proceedings had been concluded. The principles of joinder require that an interested party be joined before judgment is handed down, and the evidence did not establish that the second respondent had waived its right to be joined. The application to join the directors and hold them in contempt was also dismissed, as the necessary procedural steps for joinder were not taken in the LAC proceedings. The first applicant lacked authority to act for the other applicants at the time the proceedings were initiated, and only he was properly before the...

Citation
[2011] ZALCJHB 169
Parties
Applicant: Jafter Ngema & Others; Respondent: Screenex Wire Weaving Manufacturers (Pty) Ltd; Respondent: Johnsons Screenex registered as Screenex Manufacturing (Pty) Ltd; Respondent: Individual respondents appearing on Annexures “B” and “C” to the founding affidavit
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 October 2011
Case Number
JS 867/05
Procedural Posture
Review Application / Application to Substitute Respondent and Join Directors Post Judgment
Outcome
Application dismissed; no substitution, joinder, or contempt order granted.
Judges
Lagrange
Legal Topics
Section 197 Transfer, Joinder of Parties, Unfair Dismissal, Contempt of Court
Labour Law Civil Procedure Section 197 Transfer Joinder of Parties Unfair Dismissal Contempt of Court

Case Brief

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Parties

Jafter Ngema & Others

Applicant

Screenex Wire Weaving Manufacturers (Pty) Ltd

Respondent

Johnsons Screenex registered as Screenex Manufacturing (Pty) Ltd

Respondent

Individual respondents appearing on Annexures “B” and “C” to the founding affidavit

Respondent

Procedural Posture

Review Application / Application to Substitute Respondent and Join Directors Post Judgment

Legal Issues

  1. 1 Whether the second respondent can be substituted for the first respondent in the Labour Appeal Court judgment after a transfer of business as a going concern.
  2. 2 Whether the directors of the second respondent can be joined and held in contempt for non-compliance with the LAC order.
  3. 3 Whether the first applicant had authority to act on behalf of the other individual applicants.

Ratio Decidendi

The Labour Court held that it could not substitute the second respondent for the first respondent in the Labour Appeal Court judgment after the proceedings had been concluded. The principles of joinder require that an interested party be joined before judgment is handed down, and the evidence did not establish that the second respondent had waived its right to be joined. The application to join the directors and hold them in contempt was also dismissed, as the necessary procedural steps for joinder were not taken in the LAC proceedings. The first applicant lacked authority to act for the other applicants at the time the proceedings were initiated, and only he was properly before the...

Court Disposition

Application dismissed; no substitution, joinder, or contempt order granted.

Orders

  • The application to substitute the second respondent for the first respondent in the judgment of the Labour Appeal Court in case number JA49/07 is dismissed.
  • The application to join the third and further respondents as judgment debtors in the aforesaid judgment is dismissed.