Nkosi and Others v MEC for the Department of Economic Development and Planning and Another (16166/2007) [2015] ZAGPPHC 769 (12 November 2015)

Nkosi and Others v MEC for the Department of Economic Development and Planning and Another (16166/2007) [2015] ZAGPPHC 769 (12 November 2015)

The court found that it had jurisdiction to hear the matter under s 77(3) of the Basic Conditions of Employment Act, as the claim was based on breach of contract rather than unfair dismissal. The plaintiffs admitted to committing corruption and were convicted in a criminal court. The employer, upon learning of the convictions, summarily dismissed the plaintiffs. The court held that fraud and corruption constitute a fundamental breach of the employment contract, entitling the employer to terminate the contract without further process. The plaintiffs themselves repudiated the contract by their criminal conduct, and the employer lawfully accepted the repudiation by dismissing them. There was...

Citation
[2015] ZAGPPHC 769
Parties
Plaintiff: Mavela William Nkosi; Plaintiff: Elijah Madoda Shabangu; Plaintiff: Mfanakuphi Mishack Nkosi; Defendant: MEC of the Department of Economic Development and Planning; Defendant: Simangele Sekgobela
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 November 2015
Case Number
16166/2007
Procedural Posture
Civil Trial / Judgment After Consolidated Trial; Defendants Absent; Matter Proceeded on an Undefended Basis
Outcome
Plaintiffs' claims dismissed with costs.
Judges
Kubushi
Legal Topics
Breach of Employment Contract, Summary Dismissal, Jurisdiction of High Court, Repudiation, Damages Calculation
Labour Law Civil Procedure Breach of Employment Contract Summary Dismissal Jurisdiction of High Court Repudiation Damages Calculation

Case Brief

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Parties

Mavela William Nkosi

Plaintiff

Elijah Madoda Shabangu

Plaintiff

Mfanakuphi Mishack Nkosi

Plaintiff

MEC of the Department of Economic Development and Planning

Defendant

Simangele Sekgobela

Defendant

Procedural Posture

Civil Trial / Judgment After Consolidated Trial; Defendants Absent; Matter Proceeded on an Undefended Basis

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear a claim based on breach of contract of employment under s 77(3) of the Basic Conditions of Employment Act.
  2. 2 Whether the summary dismissal of the plaintiffs following criminal conviction for corruption constituted a breach of contract by the employer.
  3. 3 Whether the plaintiffs are entitled to damages for alleged unlawful dismissal.

Ratio Decidendi

The court found that it had jurisdiction to hear the matter under s 77(3) of the Basic Conditions of Employment Act, as the claim was based on breach of contract rather than unfair dismissal. The plaintiffs admitted to committing corruption and were convicted in a criminal court. The employer, upon learning of the convictions, summarily dismissed the plaintiffs. The court held that fraud and corruption constitute a fundamental breach of the employment contract, entitling the employer to terminate the contract without further process. The plaintiffs themselves repudiated the contract by their criminal conduct, and the employer lawfully accepted the repudiation by dismissing them. There was...

Court Disposition

Plaintiffs' claims dismissed with costs.

Orders

  • The special plea of lack of jurisdiction is dismissed with costs.
  • The plaintiffs' claims are dismissed with costs.