Ngubeni v SGB (Primeserv) (Pty) Ltd and Another (J558/14) [2015] ZALCJHB 268 (20 August 2015)

Ngubeni v SGB (Primeserv) (Pty) Ltd and Another (J558/14) [2015] ZALCJHB 268 (20 August 2015)

The court found that the respondents failed to comply with the order enforcing the CCMA settlement agreement. Attempts at personal service were made, but the individuals cited either denied involvement or refused to accept service. The court determined that the correct respondent for contempt proceedings should be the CEO of Primeserv Group Ltd, given the uncertainty regarding the legal status of the first respondent and the possibility that its business and obligations were transferred within the group. The order was reissued, requiring the respondents to appear and explain their conduct, with specific instructions for personal service and affidavit submission.

Citation
[2015] ZALCJHB 268
Parties
Applicant: Mzanepe Abram Ngubeni; Respondent: SGB (Primeserv) (Pty) Ltd; Respondent: Merrick Abel
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 August 2015
Case Number
J558/14
Procedural Posture
Urgent Application / Contempt Proceedings Following Enforcement of CCMA Settlement Agreement
Outcome
Order reissued, substituting the second respondent with the CEO of Primeserv Group Ltd. Respondents ordered to appear and explain non-compliance with the court order.
Judges
Myburgh
Legal Topics
Ccma Settlement Enforcement, Contempt of Court, Personal Service, Director Liability
Labour Law Civil Procedure Ccma Settlement Enforcement Contempt of Court Personal Service Director Liability

Case Brief

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Parties

Mzanepe Abram Ngubeni

Applicant

SGB (Primeserv) (Pty) Ltd

Respondent

Merrick Abel

Respondent

Procedural Posture

Urgent Application / Contempt Proceedings Following Enforcement of CCMA Settlement Agreement

Legal Issues

  1. 1 Whether the respondents have complied with the court order enforcing the CCMA settlement agreement.
  2. 2 Whether the respondents are in contempt of court for failing to comply with the order dated 2 October 2014.
  3. 3 Whether personal service of the contempt application was properly effected on the relevant parties.

Ratio Decidendi

The court found that the respondents failed to comply with the order enforcing the CCMA settlement agreement. Attempts at personal service were made, but the individuals cited either denied involvement or refused to accept service. The court determined that the correct respondent for contempt proceedings should be the CEO of Primeserv Group Ltd, given the uncertainty regarding the legal status of the first respondent and the possibility that its business and obligations were transferred within the group. The order was reissued, requiring the respondents to appear and explain their conduct, with specific instructions for personal service and affidavit submission.

Court Disposition

Order reissued, substituting the second respondent with the CEO of Primeserv Group Ltd. Respondents ordered to appear and explain non-compliance with the court order.

Orders

  • The respondents are ordered to appear before this court on Friday, 28 August 2015 at 10h00 to show cause why they should not be found guilty of contempt of this court for failing to comply with the order of the court dated 2 October 2014.
  • The respondents are ordered to explain their conduct by way of an affidavit to be filed by 16h00 on 27 August 2015.