Papane v Van Tonder and Others (6066/2008) [2009] ZAFSHC 50 (9 April 2009)

Papane v Van Tonder and Others (6066/2008) [2009] ZAFSHC 50 (9 April 2009)

The court found that the plaintiff's claim was barred by res judicata, as the dispute regarding his dismissal had already been adjudicated by the CCMA, Labour Court, Labour Appeal Court, Supreme Court of Appeal, and Constitutional Court, all of which upheld the fairness of the dismissal. The claim was also found to have prescribed under section 11(d) of the Prescription Act, as the summons was issued nearly nine years after the termination of employment. The plaintiff's applications for default judgment and to strike out the defendants' notice of intention to defend were dismissed due to procedural irregularities and lack of merit. The plaintiff was declared a vexatious litigant and...

Citation
[2009] ZAFSHC 50
Parties
Plaintiff: Israel Sabata Papane; Defendant: Gedione Van Tonder; Defendant: Hadifele Mofokeng; Defendant: Paul Tati; Defendant: South African Broadcasting Corporation
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 April 2009
Case Number
6066/2008
Procedural Posture
Civil Action / Judgment After Hearing on Special Pleas and Applications
Outcome
Plaintiff's action dismissed with costs; plaintiff declared a vexatious litigant and restrained from instituting further proceedings against the fourth defendant without leave of court.
Judges
M H Rampai
Legal Topics
Unfair Dismissal, Res Judicata, Prescription, Vexatious Litigation, Default Judgment, Authority of Attorney
Labour Law Civil Procedure Unfair Dismissal Res Judicata Prescription Vexatious Litigation Default Judgment Authority of Attorney

Case Brief

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Parties

Israel Sabata Papane

Plaintiff

Gedione Van Tonder

Defendant

Hadifele Mofokeng

Defendant

Paul Tati

Defendant

South African Broadcasting Corporation

Defendant

Procedural Posture

Civil Action / Judgment After Hearing on Special Pleas and Applications

Legal Issues

  1. 1 Whether the plaintiff's claim for damages arising from alleged breach of contract of employment is barred by res judicata.
  2. 2 Whether the plaintiff's claim has prescribed under the Prescription Act.
  3. 3 Whether the plaintiff should be declared a vexatious litigant and restrained from instituting further proceedings without leave of court.

Ratio Decidendi

The court found that the plaintiff's claim was barred by res judicata, as the dispute regarding his dismissal had already been adjudicated by the CCMA, Labour Court, Labour Appeal Court, Supreme Court of Appeal, and Constitutional Court, all of which upheld the fairness of the dismissal. The claim was also found to have prescribed under section 11(d) of the Prescription Act, as the summons was issued nearly nine years after the termination of employment. The plaintiff's applications for default judgment and to strike out the defendants' notice of intention to defend were dismissed due to procedural irregularities and lack of merit. The plaintiff was declared a vexatious litigant and...

Court Disposition

Plaintiff's action dismissed with costs; plaintiff declared a vexatious litigant and restrained from instituting further proceedings against the fourth defendant without leave of court.

Orders

  • The plaintiff's application for judgment by default is dismissed with costs.
  • The plaintiff's application to strike out is dismissed with costs.