Sasol Technology and Another v Zwane; In re: Zwane v Sasol Technology and Another (JS1308/09; JS419/10) [2019] ZALCJHB 42 (8 March 2019)

Sasol Technology and Another v Zwane; In re: Zwane v Sasol Technology and Another (JS1308/09; JS419/10) [2019] ZALCJHB 42 (8 March 2019)

The Labour Court has jurisdiction and inherent power to dismiss proceedings where a party fails to diligently prosecute their case, as established in Sibanye Gold v Sibiya and supported by the Constitution. Mr Zwane failed to take any steps to advance his matters for almost three years, disregarded court directives, and explicitly stated his intention to abandon litigation in the Labour Court. His attempt to invoke lis alibi pendens is without merit, as he did not withdraw his Labour Court matters before launching similar proceedings in the High Court, resulting in parallel litigation and forum shopping, which is impermissible. The delay is excessive and prejudicial to Sasol, undermining...

Citation
[2019] ZALCJHB 42
Parties
Applicant: Sasol Technology; Applicant: Sasol South Africa (Pty) Ltd; Respondent: Petros Fakazi Zwane
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 March 2019
Case Number
JS1308/09; JS419/10
Procedural Posture
Stay Application / Application for Dismissal of Proceedings Due to Delay and Lis Alibi Pendens
Outcome
Both Mr Zwane’s applications under case numbers JS 419/10 and JS 1308/09 are dismissed. No order as to costs.
Judges
Mahosi
Legal Topics
Automatically Unfair Dismissal, Lis Alibi Pendens, Delay in Prosecution, Jurisdiction of Labour Court, Costs in Labour Court
Labour Law Civil Procedure Automatically Unfair Dismissal Lis Alibi Pendens Delay in Prosecution Jurisdiction of Labour Court Costs in Labour Court

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Parties

Sasol Technology

Applicant

Sasol South Africa (Pty) Ltd

Applicant

Petros Fakazi Zwane

Respondent

Procedural Posture

Stay Application / Application for Dismissal of Proceedings Due to Delay and Lis Alibi Pendens

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to dismiss proceedings for undue delay in prosecution.
  2. 2 Whether the defence of lis alibi pendens applies due to similar proceedings in the High Court.
  3. 3 Whether Mr Zwane's conduct justifies dismissal of his applications.

Ratio Decidendi

The Labour Court has jurisdiction and inherent power to dismiss proceedings where a party fails to diligently prosecute their case, as established in Sibanye Gold v Sibiya and supported by the Constitution. Mr Zwane failed to take any steps to advance his matters for almost three years, disregarded court directives, and explicitly stated his intention to abandon litigation in the Labour Court. His attempt to invoke lis alibi pendens is without merit, as he did not withdraw his Labour Court matters before launching similar proceedings in the High Court, resulting in parallel litigation and forum shopping, which is impermissible. The delay is excessive and prejudicial to Sasol, undermining...

Court Disposition

Both Mr Zwane’s applications under case numbers JS 419/10 and JS 1308/09 are dismissed. No order as to costs.

Orders

  • Mr Zwane’s application under case number JS 419/10 is dismissed.
  • Mr Zwane’s rescission application under case number JS 1308/09 is dismissed.