Nkabinde v Eskom and Others (2022/35255) [2022] ZAGPPHC 851 (4 November 2022)

Nkabinde v Eskom and Others (2022/35255) [2022] ZAGPPHC 851 (4 November 2022)

The court found that the applicant failed to meet the requirements for urgency under Uniform Rule 6(12). The applicant did not provide evidence of when he became aware of his rights under the Protected Disclosures Act or why he could not obtain substantial redress in the ordinary course. The urgency was deemed self-created, as the applicant delayed approaching the court despite being aware of his rights since May 2022. The requests for discovery of documents were not adequately followed up, and there was no evidence supporting the need for urgent relief. The application was struck from the roll for lack of urgency. Regarding costs, the court applied the Biowatch principle, finding that...

Citation
[2022] ZAGPPHC 851
Parties
Applicant: Mphathiwezwe Nkabinde; Respondent: Eskom; Respondent: Head of SIU; Respondent: SIU
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 November 2022
Case Number
2022/35255
Procedural Posture
Urgent Application / Application for Urgent Interdict and Discovery Orders Before Disciplinary Hearing
Outcome
Application struck from the roll for lack of urgency; costs awarded against Eskom on a party and party scale.
Judges
E.M Kubushi
Legal Topics
Protected Disclosure, Urgency in Motion Proceedings, Disciplinary Hearing Stay, Discovery of Documents
Labour Law Civil Procedure Protected Disclosure Urgency in Motion Proceedings Disciplinary Hearing Stay Discovery of Documents

Case Brief

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Parties

Mphathiwezwe Nkabinde

Applicant

Eskom

Respondent

Head of SIU

Respondent

SIU

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict and Discovery Orders Before Disciplinary Hearing

Legal Issues

  1. 1 Whether the applicant established sufficient urgency to justify hearing the application in the urgent court.
  2. 2 Whether the applicant is entitled to an order staying the disciplinary hearing pending protected disclosure proceedings.
  3. 3 Whether the applicant is entitled to discovery of documents and evidence related to the disciplinary hearing.

Ratio Decidendi

The court found that the applicant failed to meet the requirements for urgency under Uniform Rule 6(12). The applicant did not provide evidence of when he became aware of his rights under the Protected Disclosures Act or why he could not obtain substantial redress in the ordinary course. The urgency was deemed self-created, as the applicant delayed approaching the court despite being aware of his rights since May 2022. The requests for discovery of documents were not adequately followed up, and there was no evidence supporting the need for urgent relief. The application was struck from the roll for lack of urgency. Regarding costs, the court applied the Biowatch principle, finding that...

Court Disposition

Application struck from the roll for lack of urgency; costs awarded against Eskom on a party and party scale.

Orders

  • The application is struck from the roll.
  • The 1st Respondent (Eskom) is ordered to pay the Applicant's costs on a party and party scale.