Sawash (Pty) Ltd and Others v Independent Catering Commercial Farm Workers Union (ICCAFAWU) and Others (846/06) [2006] ZANWHC 57 (8 September 2006)

Sawash (Pty) Ltd and Others v Independent Catering Commercial Farm Workers Union (ICCAFAWU) and Others (846/06) [2006] ZANWHC 57 (8 September 2006)

The court found that while the dispute contained elements of a labour dispute, the acts alleged by the applicants—violence, intimidation, and obstruction—are criminal and delictual in nature and thus fall within the jurisdiction of the High Court. However, the applicants failed to provide sufficient evidence to...

Source-derived case information.

Citation
[2006] ZANWHC 57
Parties
Applicant: Sawash (Pty) Ltd; Applicant: SVA Electronics (Pty) Ltd; Applicant: Safron (Pty) Ltd; Respondent: Independent Catering Commercial Farm Workers Union (ICCAFAWU); Respondent: Stalim Dzivhani; Respondent: A M Plouamma; Respondent: 62 previous employees of the first applicant as listed in Annexure "A"
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
8 September 2006
Case Number
846/06
Procedural Posture
Urgent Application / Return Date of Interim Interdict; Opposed Motion
Outcome
Application dismissed; interim rule discharged; costs awarded against applicants.
Judges
A A Landman
Legal Topics
Interdict, Jurisdiction of High Court, Picketing, Violence and Intimidation, Final Interdict Requirements
Labour Law Civil Procedure Interdict Jurisdiction of High Court Picketing Violence and Intimidation Final Interdict Requirements

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Parties

Sawash (Pty) Ltd

Applicant

SVA Electronics (Pty) Ltd

Applicant

Safron (Pty) Ltd

Applicant

Independent Catering Commercial Farm Workers Union (ICCAFAWU)

Respondent

Stalim Dzivhani

Respondent

A M Plouamma

Respondent

62 previous employees of the first applicant as listed in Annexure "A"

Respondent

Procedural Posture

Urgent Application / Return Date of Interim Interdict; Opposed Motion

Legal Issues

  1. 1 Does the High Court have jurisdiction to grant an interdict in a labour dispute involving alleged violence and intimidation?
  2. 2 Have the applicants established the requirements for a final interdict against the respondents?

Ratio Decidendi

The court found that while the dispute contained elements of a labour dispute, the acts alleged by the applicants—violence, intimidation, and obstruction—are criminal and delictual in nature and thus fall within the jurisdiction of the High Court. However, the applicants failed to provide sufficient evidence to establish the requirements for a final interdict. The respondents' version, supported by the presence of police and the absence of arrests or charges, was accepted in accordance with the Plascon-Evans rule. The court concluded that the applicants did not prove a clear right or injury, nor did they substantiate their allegations with affidavits from affected employees. Consequently,...

Court Disposition

Application dismissed; interim rule discharged; costs awarded against applicants.

Orders

  • The application is dismissed.
  • The rule nisi is discharged.