SAMWU obo Members v Mangaung Metropolitan Municipality (P 124/21) [2022] ZALCPE 27; (2023) 44 ILJ 360 (LC) (21 October 2022)

SAMWU obo Members v Mangaung Metropolitan Municipality (P 124/21) [2022] ZALCPE 27; (2023) 44 ILJ 360 (LC) (21 October 2022)

The court held that the arbitration award sought to be made an order of court was declaratory in nature and did not prescribe under the Prescription Act, as it did not create a debt or obligation to pay or deliver. The authority challenge raised by the Municipality was procedurally defective, as it was not brought by way of notice under Rule 7 of the Uniform Rules, and the signature of the notice of motion by the applicant's attorney was sufficient in the absence of a proper challenge. However, the applicant failed to make out a prima facie case for non-compliance with the award, as the founding affidavit was skeletal and did not specify the nature of the alleged breach or provide...

Citation
[2022] ZALCPE 27
Parties
Applicant: SAMWU obo Members; Respondent: Mangaung Metropolitan Municipality
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
21 October 2022
Case Number
P 124/21
Procedural Posture
Application to Make Arbitration Award Order of Court / Judgment
Outcome
Application not granted; absolution from the instance.
Judges
P N Kroon
Legal Topics
Arbitration Award Enforcement, Prescription, Authority to Institute Proceedings, Collective Agreement Interpretation
Labour Law Civil Procedure Arbitration Award Enforcement Prescription Authority to Institute Proceedings Collective Agreement Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

SAMWU obo Members

Applicant

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Application to Make Arbitration Award Order of Court / Judgment

Legal Issues

  1. 1 Whether the arbitration award sought to be made an order of court has prescribed under the Prescription Act.
  2. 2 Whether the application was properly authorised by the applicant union.
  3. 3 Whether the applicant made out a prima facie case for non-compliance with the arbitration award.

Ratio Decidendi

The court held that the arbitration award sought to be made an order of court was declaratory in nature and did not prescribe under the Prescription Act, as it did not create a debt or obligation to pay or deliver. The authority challenge raised by the Municipality was procedurally defective, as it was not brought by way of notice under Rule 7 of the Uniform Rules, and the signature of the notice of motion by the applicant's attorney was sufficient in the absence of a proper challenge. However, the applicant failed to make out a prima facie case for non-compliance with the award, as the founding affidavit was skeletal and did not specify the nature of the alleged breach or provide...

Court Disposition

Application not granted; absolution from the instance.

Orders

  • No order is made on the application.
  • The applicant is at liberty to move again on the same papers, supplemented as advised, on proper notice to the respondent.