Security Patrol Experts CC v Commissionf for Conciliation, Mediation and Arbitration and Others (J1934/07, J2641/02, J2522/01, JR2113/07) [2007] ZALC 91 (4 December 2007)

Security Patrol Experts CC v Commissionf for Conciliation, Mediation and Arbitration and Others (J1934/07, J2641/02, J2522/01, JR2113/07) [2007] ZALC 91 (4 December 2007)

The court found that the alleged order dated 21 September 2007 was not issued by the Labour Court. Multiple factors established this: the judge named on the order was not present in Johannesburg at the relevant time; the matter was not on the court roll; the interpreter and registrar confirmed no hearing occurred; and the purported counsel who allegedly moved the application did not exist. The evidence showed that the applicant's representative, Kerry Stuart, fabricated documents and lied under oath, amounting to fraud and perjury. The court held that Stuart was not a fit and proper person to be admitted to the legal profession and referred the matter for investigation by the Law Society,...

Citation
[2007] ZALC 91
Parties
Applicant: Security Patrol Experts CC; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner N Cele; Respondent: Alfred Mogalele
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 December 2007
Case Number
J1934/07, J2641/02, J2522/01, JR2113/07
Procedural Posture
Urgent Application / Judgment on Authenticity of Alleged Court Order and Related Conduct
Outcome
The alleged court order dated 21 September 2007 was declared not to have been issued by the Labour Court. The conduct of Kerry Stuart was referred for investigation for fraud and perjury.
Judges
Francis
Legal Topics
Fraud on the Court, Perjury, Urgent Stay Application, Arbitration Award Enforcement, Professional Misconduct
Labour Law Civil Procedure Fraud on the Court Perjury Urgent Stay Application Arbitration Award Enforcement Professional Misconduct

Case Brief

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Parties

Security Patrol Experts CC

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner N Cele

Respondent

Alfred Mogalele

Respondent

Procedural Posture

Urgent Application / Judgment on Authenticity of Alleged Court Order and Related Conduct

Legal Issues

  1. 1 Whether the Labour Court issued the order allegedly granted on 21 September 2007.
  2. 2 Whether the conduct of Kerry Stuart and others amounted to fraud and perjury before the court.
  3. 3 Whether the third respondent was properly served and given the opportunity to oppose the urgent application.

Ratio Decidendi

The court found that the alleged order dated 21 September 2007 was not issued by the Labour Court. Multiple factors established this: the judge named on the order was not present in Johannesburg at the relevant time; the matter was not on the court roll; the interpreter and registrar confirmed no hearing occurred; and the purported counsel who allegedly moved the application did not exist. The evidence showed that the applicant's representative, Kerry Stuart, fabricated documents and lied under oath, amounting to fraud and perjury. The court held that Stuart was not a fit and proper person to be admitted to the legal profession and referred the matter for investigation by the Law Society,...

Court Disposition

The alleged court order dated 21 September 2007 was declared not to have been issued by the Labour Court. The conduct of Kerry Stuart was referred for investigation for fraud and perjury.

Orders

  • The court order marked 'annexure A' was not issued by this Court on 21 September 2007.
  • The registrar must submit a copy of this judgment, the court order marked 'A', transcripts of proceedings on 19, 22, 23, 24 and 26 October 2007, and the affidavit of Kerry Stuart to the Law Society of the Northern Provinces, the Director of Public Prosecutions, and the South African Police Services for further...