SAMWU obo Gwejane and Others v City of Ekurhuleni Metropolitan Municipality (J 646/20) [2021] ZALCJHB 467 (8 February 2021)

SAMWU obo Gwejane and Others v City of Ekurhuleni Metropolitan Municipality (J 646/20) [2021] ZALCJHB 467 (8 February 2021)

The Labour Court found that although the Municipality failed to comply with the certified arbitration award, its conduct did not amount to contempt of court because the contempt application had previously been postponed sine die pending the outcome of the review application. Both the Municipality and the applicant believed the review application was still alive, despite it being deemed withdrawn due to failure to prosecute within 12 months. The Court held that the Municipality provided a reasonable explanation for non-compliance, and the applicant was also involved in reconstructing the arbitration records. The Court emphasized its supervisory role in ensuring compliance with arbitration...

Citation
[2021] ZALCJHB 467
Parties
Applicant: SAMWU obo Gwejane and Others; Respondent: City of Ekurhuleni Metropolitan Municipality; Respondent: Dr Imogen Mashazi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 February 2021
Case Number
J 646/20
Procedural Posture
Contempt Application / Return Date on Rule Nisi; Determination of Contempt and Enforcement of Arbitration Award
Outcome
Application for contempt of court dismissed; coercive order issued to ensure compliance with arbitration award.
Judges
Mabaso
Legal Topics
Contempt of Court, Arbitration Award Enforcement, Review Application, Certification of Award, Civil Contempt, Remedial Orders
Labour Law Civil Procedure Contempt of Court Arbitration Award Enforcement Review Application Certification of Award Civil Contempt Remedial Orders

Case Brief

Summary, issues, holding and outcome

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Parties

SAMWU obo Gwejane and Others

Applicant

City of Ekurhuleni Metropolitan Municipality

Respondent

Dr Imogen Mashazi

Respondent

Procedural Posture

Contempt Application / Return Date on Rule Nisi; Determination of Contempt and Enforcement of Arbitration Award

Legal Issues

  1. 1 Whether the respondents are in contempt of court for failing to comply with a certified arbitration award.
  2. 2 Whether the review application suspended the operation of the arbitration award.
  3. 3 Whether the Labour Court should issue coercive orders to ensure compliance with the arbitration award.

Ratio Decidendi

The Labour Court found that although the Municipality failed to comply with the certified arbitration award, its conduct did not amount to contempt of court because the contempt application had previously been postponed sine die pending the outcome of the review application. Both the Municipality and the applicant believed the review application was still alive, despite it being deemed withdrawn due to failure to prosecute within 12 months. The Court held that the Municipality provided a reasonable explanation for non-compliance, and the applicant was also involved in reconstructing the arbitration records. The Court emphasized its supervisory role in ensuring compliance with arbitration...

Court Disposition

Application for contempt of court dismissed; coercive order issued to ensure compliance with arbitration award.

Orders

  • The First and Second Respondents are not in contempt of court.
  • The Second Respondent, as the First Respondent's accounting officer, is directed to ensure that the arbitration award's terms are complied with within 15 days of this order.