Nkayi v Revelation Church of God (J1790/19) [2021] ZALCJHB 185 (2 August 2021)

Nkayi v Revelation Church of God (J1790/19) [2021] ZALCJHB 185 (2 August 2021)

The court found that making the arbitration award an order of court was necessary for the applicant to enforce the award against the respondent's bank account, as previous certification did not suffice for such enforcement. The respondent's delay in prosecuting the review application and failure to tender security for costs over several years weighed against its request for exemption or reduction of security. The respondent's financial hardship due to the coronavirus was considered but did not absolve it from the obligation to provide security if it wished to stay enforcement. The review proceedings were deemed separate and not determinative of the current application. The court ordered...

Citation
[2021] ZALCJHB 185
Parties
Applicant: Nkayi, Raymond Mpumelelo; Respondent: Revelation Church of God
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 August 2021
Case Number
J1790/19
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application granted in part; arbitration award made an order of court; respondent required to pay security for costs to suspend enforcement; no order as to costs.
Judges
L Raphulu
Legal Topics
Arbitration Award Enforcement, Security for Costs, Review Application Delay, Certification of Award
Labour Law Civil Procedure Arbitration Award Enforcement Security for Costs Review Application Delay Certification of Award

Case Brief

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Parties

Nkayi, Raymond Mpumelelo

Applicant

Revelation Church of God

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the arbitration award should be made an order of court to enable enforcement against the respondent's bank account.
  2. 2 Whether the respondent is required to pay security for costs to stay enforcement of the arbitration award pending review.
  3. 3 Whether the respondent's delay in prosecuting the review application affects the current proceedings.

Ratio Decidendi

The court found that making the arbitration award an order of court was necessary for the applicant to enforce the award against the respondent's bank account, as previous certification did not suffice for such enforcement. The respondent's delay in prosecuting the review application and failure to tender security for costs over several years weighed against its request for exemption or reduction of security. The respondent's financial hardship due to the coronavirus was considered but did not absolve it from the obligation to provide security if it wished to stay enforcement. The review proceedings were deemed separate and not determinative of the current application. The court ordered...

Court Disposition

Application granted in part; arbitration award made an order of court; respondent required to pay security for costs to suspend enforcement; no order as to costs.

Orders

  • The arbitration award dated 22 December 2015 under case number ECPE2359-15 is made an order of this Court.
  • The respondent is to pay security for costs in the amount of R65,000 within 14 days to suspend the operation of the arbitration award.