PSA obo Jhupsee v Ngako NO and Others (JR1956/15) [2017] ZALCJHB 437 (24 November 2017)

PSA obo Jhupsee v Ngako NO and Others (JR1956/15) [2017] ZALCJHB 437 (24 November 2017)

The Court held that the non-joinder of Ms Mancotywa, against whom contempt is sought, is a fatal defect as she has a direct and substantial legal interest in the relief claimed. Without her being joined as a party, the review application cannot be entertained. The applicant failed to demonstrate any exceptional circumstances or just and equitable grounds as required by section 158(1B) of the LRA to justify review before finalisation of arbitration. The application to strike out portions of the respondent's answering affidavit was dismissed as the applicant did not establish that the impugned paragraphs were scandalous, vexatious, or irrelevant, nor that prejudice would result if they...

Citation
[2017] ZALCJHB 437
Parties
Applicant: PSA obo S Jhupsee; Respondent: Commissioner PM Ngako N.O.; Respondent: General Public Service Sectoral Bargaining Council (Pretoria); Respondent: Department of Environmental Affairs
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 November 2017
Case Number
JR1956/15
Procedural Posture
Review Application / Judgment on Review Application and Interlocutory Strike Out Application
Outcome
Review application struck off the roll due to non-joinder and lack of exceptional circumstances; application to strike out dismissed; no order as to costs.
Judges
Mabaso
Legal Topics
Contempt of Bargaining Council, Non Joinder, Application to Strike Out, Exceptional Circumstances Review, Section 158 Lra, Section 142 Lra
Labour Law Civil Procedure Contempt of Bargaining Council Non Joinder Application to Strike Out Exceptional Circumstances Review Section 158 Lra Section 142 Lra

Case Brief

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Parties

PSA obo S Jhupsee

Applicant

Commissioner PM Ngako N.O.

Respondent

General Public Service Sectoral Bargaining Council (Pretoria)

Respondent

Department of Environmental Affairs

Respondent

Procedural Posture

Review Application / Judgment on Review Application and Interlocutory Strike Out Application

Legal Issues

  1. 1 Whether the non-joinder of Ms Mancotywa, the Chief Director, renders the review application fatally defective.
  2. 2 Whether the applicant has established grounds for striking out portions of the respondent's answering affidavit.
  3. 3 Whether exceptional circumstances exist to justify entertaining the review application before finalisation of arbitration, as required by section 158(1B) of the LRA.

Ratio Decidendi

The Court held that the non-joinder of Ms Mancotywa, against whom contempt is sought, is a fatal defect as she has a direct and substantial legal interest in the relief claimed. Without her being joined as a party, the review application cannot be entertained. The applicant failed to demonstrate any exceptional circumstances or just and equitable grounds as required by section 158(1B) of the LRA to justify review before finalisation of arbitration. The application to strike out portions of the respondent's answering affidavit was dismissed as the applicant did not establish that the impugned paragraphs were scandalous, vexatious, or irrelevant, nor that prejudice would result if they...

Court Disposition

Review application struck off the roll due to non-joinder and lack of exceptional circumstances; application to strike out dismissed; no order as to costs.

Orders

  • The application to stay the proceedings under the Second Respondent’s case number G PBC 838/2013 is not granted.
  • The application to strike out part of the respondent’s answering affidavit fails.