Sithole v Enlightened Security Force (Pty) Ltd and Another (J376/12) [2016] ZALCJHB 389; (2017) 38 ILJ 1202 (LC) (11 October 2016)

Sithole v Enlightened Security Force (Pty) Ltd and Another (J376/12) [2016] ZALCJHB 389; (2017) 38 ILJ 1202 (LC) (11 October 2016)

The court found that while the respondents failed to comply with the reinstatement order and did not attempt to implement it, the existence of a purported settlement agreement created sufficient doubt as to whether their non-compliance was mala fide. The respondents' statutory defence under PSIRA was not substantiated, as they did not prove the applicant's conviction fell within the relevant schedule. The settlement agreement, though questionable and likely subject to challenge, was not set aside in these proceedings, and the court could not do so mero motu. As a result, the respondents were acquitted of contempt for the period up to the judgment date, but remain obliged to comply with...

Citation
[2016] ZALCJHB 389
Parties
Applicant: Duncan Sithole; Respondent: Enlightened Security Force (Pty) Ltd; Respondent: Manuel King Dube
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 October 2016
Case Number
J376/12
Procedural Posture
Contempt Application / Judgment on Contempt Proceedings Following Default Arbitration Award and Subsequent Court Order
Outcome
Respondents acquitted of contempt of the court order for the period up to and including the date of judgment; costs awarded against respondents.
Judges
Lagrange
Legal Topics
Contempt of Court, Arbitration Award Enforcement, Settlement Agreement, Reinstatement, Private Security Industry Regulation Act
Labour Law Civil Procedure Contempt of Court Arbitration Award Enforcement Settlement Agreement Reinstatement Private Security Industry Regulation Act

Case Brief

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Parties

Duncan Sithole

Applicant

Enlightened Security Force (Pty) Ltd

Respondent

Manuel King Dube

Respondent

Procedural Posture

Contempt Application / Judgment on Contempt Proceedings Following Default Arbitration Award and Subsequent Court Order

Legal Issues

  1. 1 Whether the respondents are in contempt of the Labour Court order making the arbitration award an order of court.
  2. 2 Whether a purported settlement agreement precludes enforcement of the court order.
  3. 3 Whether statutory provisions under PSIRA prevent reinstatement of the applicant.

Ratio Decidendi

The court found that while the respondents failed to comply with the reinstatement order and did not attempt to implement it, the existence of a purported settlement agreement created sufficient doubt as to whether their non-compliance was mala fide. The respondents' statutory defence under PSIRA was not substantiated, as they did not prove the applicant's conviction fell within the relevant schedule. The settlement agreement, though questionable and likely subject to challenge, was not set aside in these proceedings, and the court could not do so mero motu. As a result, the respondents were acquitted of contempt for the period up to the judgment date, but remain obliged to comply with...

Court Disposition

Respondents acquitted of contempt of the court order for the period up to and including the date of judgment; costs awarded against respondents.

Orders

  • The first and second respondents are acquitted of being in contempt of the order of Van Niekerk J dated 29 July 2014, which made the arbitration award dated 15 January 2012 issued under case number GAJB 32519-11 an order of court, only for the period up to and including the date of this judgment.
  • The first and second respondents are jointly and severally liable for the costs of the applicant in the contempt proceedings, to be paid on an attorney own client scale, the one paying the other to be absolved. This cost order excludes the wasted costs of the postponement on 26 August 2016, which were subject to a...