Simelane v Fidelity Security Services (Pty) Ltd (J986/2009) [2015] ZALCJHB 456 (13 May 2015)

Simelane v Fidelity Security Services (Pty) Ltd (J986/2009) [2015] ZALCJHB 456 (13 May 2015)

The court found that the applicant failed to provide any valid reason for setting aside the court order making the settlement agreement an order of court. The applicant's attorney's error in not recognising the unenforceability of the agreement at the time it was entered into and made an order of court does not constitute a valid ground for rescission. The requirements for waiver and estoppel were not met, as the respondent did not prove that the applicant intentionally abandoned his rights with full knowledge. The procedural objections raised by the respondent, including the capacity of the applicant's attorney and the use of the case number, were dismissed as they did not prejudice the...

Citation
[2015] ZALCJHB 456
Parties
Applicant: Madoda Collen Simelane; Respondent: Fidelity Security Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 May 2015
Case Number
J986/2009
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Lallie
Legal Topics
Court Order Rescission, Settlement Agreement, Condonation, Waiver, Estoppel
Labour Law Civil Procedure Court Order Rescission Settlement Agreement Condonation Waiver Estoppel

Case Brief

Summary, issues, holding and outcome

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Parties

Madoda Collen Simelane

Applicant

Fidelity Security Services (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Deed of Settlement entered into on 4 March 2009 is legally unenforceable, null and void ab initio.
  2. 2 Whether the court order granted on 27 October 2009 based on the settlement agreement should be set aside.
  3. 3 Whether the respondent's answering affidavit was filed late and if condonation is required.

Ratio Decidendi

The court found that the applicant failed to provide any valid reason for setting aside the court order making the settlement agreement an order of court. The applicant's attorney's error in not recognising the unenforceability of the agreement at the time it was entered into and made an order of court does not constitute a valid ground for rescission. The requirements for waiver and estoppel were not met, as the respondent did not prove that the applicant intentionally abandoned his rights with full knowledge. The procedural objections raised by the respondent, including the capacity of the applicant's attorney and the use of the case number, were dismissed as they did not prejudice the...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.