Siyakha Cleaning Services CC v Ndlanga (C468/01) [2002] ZALC 13; [2002] 5 BLLR 482 (LC) (13 February 2002)

Siyakha Cleaning Services CC v Ndlanga (C468/01) [2002] ZALC 13; [2002] 5 BLLR 482 (LC) (13 February 2002)

The court found that although the order was not granted erroneously, the applicant was not in wilful default and had reasonable prospects of success. The interests of justice required that the dispute be properly ventilated. The failure to serve the rescission application and comply with CCMA rules was noted, but the absence of the applicant was not deliberate. The respondent's opposition was reasonable given the applicant's procedural shortcomings. Accordingly, the order making the CCMA award an order of court was rescinded, and the applicant was directed to properly serve its rescission application on the respondent within ten days.

Citation
[2002] ZALC 13
Parties
Applicant: Siyakha Cleaning Services CC; Respondent: G N Ndlanga
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
13 February 2002
Case Number
C468/01
Procedural Posture
Urgent Application / Application for Rescission of Court Order
Outcome
Order of court dated 14 September 2001 rescinded; applicant to serve rescission application on respondent within ten days; applicant to pay respondent's costs of opposition.
Judges
AA Landman
Legal Topics
Rescission of Judgment, Ccma Award Enforcement, Stay of Execution, Default Judgment, Service of Process
Labour Law Civil Procedure Rescission of Judgment Ccma Award Enforcement Stay of Execution Default Judgment Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Siyakha Cleaning Services CC

Applicant

G N Ndlanga

Respondent

Procedural Posture

Urgent Application / Application for Rescission of Court Order

Legal Issues

  1. 1 Whether the order making the CCMA award an order of court should be rescinded.
  2. 2 Whether the applicant was in wilful default when the original order was granted.
  3. 3 Whether the interests of justice require the dispute to be properly ventilated.

Ratio Decidendi

The court found that although the order was not granted erroneously, the applicant was not in wilful default and had reasonable prospects of success. The interests of justice required that the dispute be properly ventilated. The failure to serve the rescission application and comply with CCMA rules was noted, but the absence of the applicant was not deliberate. The respondent's opposition was reasonable given the applicant's procedural shortcomings. Accordingly, the order making the CCMA award an order of court was rescinded, and the applicant was directed to properly serve its rescission application on the respondent within ten days.

Court Disposition

Order of court dated 14 September 2001 rescinded; applicant to serve rescission application on respondent within ten days; applicant to pay respondent's costs of opposition.

Orders

  • The order of this Court dated 14 September 2001 is rescinded.
  • The applicant, Siyhaka Cleaning Services CC, must file and serve its original application for rescission and supporting affidavit on Ms G N Ndlanga within 10 days.