SAMWU Polokwane Workers Fund and Others v Tshidiso Business Enterprise CC and Another (Reasons) (11541/2023) [2025] ZALMPPHC 92 (9 May 2025)

SAMWU Polokwane Workers Fund and Others v Tshidiso Business Enterprise CC and Another (Reasons) (11541/2023) [2025] ZALMPPHC 92 (9 May 2025)

The court found that SAMWU was not in deliberate default, as they attended court on the return date but left after being informed by the presiding judge that the matter was not on the roll. The subsequent granting of the order in their absence constituted a procedural irregularity. Furthermore, the inclusion of Standard Bank in the confirmation order was erroneous, as there was no proper joinder and the rule nisi did not pertain to Standard Bank. Tshidiso Business Enterprise CC repeatedly failed in its duty to disclose material facts, including previous related applications and orders, which influenced the court's decision. Guided by established principles on rescission, the court...

Citation
[2025] ZALMPPHC 92
Parties
Applicant: SAMWU Polokwane Workers Fund; Applicant: Polokwane Workers Fund; Applicant: South African Municipal Workers Union; Respondent: Tshidiso Business Enterprise CC; Respondent: First National Bank; Respondent: Standard Bank of South Africa Ltd; Respondent: City of Polokwane Municipality; Respondent: SAMWU Local Branch
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
9 May 2025
Case Number
11541/2023
Procedural Posture
Urgent Application / Application for Rescission of Order Granted in Absence of Party
Outcome
Order of Diamond AJ dated 18 March 2025 rescinded.
Judges
M Mangena
Legal Topics
Rescission of Judgment, Procedural Irregularity, Duty of Full Disclosure, Joinder, Rule Nisi
Civil Procedure Rescission of Judgment Procedural Irregularity Duty of Full Disclosure Joinder Rule Nisi

Case Brief

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Parties

SAMWU Polokwane Workers Fund

Applicant

Polokwane Workers Fund

Applicant

South African Municipal Workers Union

Applicant

Tshidiso Business Enterprise CC

Respondent

First National Bank

Respondent

Standard Bank of South Africa Ltd

Respondent

City of Polokwane Municipality

Respondent

SAMWU Local Branch

Respondent

Procedural Posture

Urgent Application / Application for Rescission of Order Granted in Absence of Party

Legal Issues

  1. 1 Whether the order granted by Diamond AJ on 18 March 2025 should be rescinded due to procedural irregularity and absence of a party.
  2. 2 Whether the inclusion of Standard Bank in the confirmation order was competent.
  3. 3 Whether SAMWU was in deliberate default or absence when the order was granted.

Ratio Decidendi

The court found that SAMWU was not in deliberate default, as they attended court on the return date but left after being informed by the presiding judge that the matter was not on the roll. The subsequent granting of the order in their absence constituted a procedural irregularity. Furthermore, the inclusion of Standard Bank in the confirmation order was erroneous, as there was no proper joinder and the rule nisi did not pertain to Standard Bank. Tshidiso Business Enterprise CC repeatedly failed in its duty to disclose material facts, including previous related applications and orders, which influenced the court's decision. Guided by established principles on rescission, the court...

Court Disposition

Order of Diamond AJ dated 18 March 2025 rescinded.

Orders

  • The order granted by Diamond AJ on 18 March 2025 is rescinded.
  • No costs order is made.