South African Municipalworkers Union obo Watkins v Mangaung Metropolitan Municipality and Another (J692/24) [2024] ZALCJHB 538 (1 August 2024)
The court found that the rule nisi issued under case number JR1416/13 lapsed when no party appeared on the return date. As a result, the applicant cannot seek contempt relief under a new case number (J692/24) without first reviving the lapsed rule nisi in the original matter. The court emphasized that duplicating...
Source-derived case information.
- Citation
- [2024] ZALCJHB 538
- Parties
- Applicant: South African Municipalworkers Union obo AL Watkins; Respondent: Mangaung Metropolitan Municipality; Respondent: Municipal Manager Sello More
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J692/24
- Procedural Posture
- Urgent Application / Ex Parte Contempt Application; Struck Off Roll
- Outcome
- Application struck off the roll; applicant directed to apply for revival of the rule nisi under the original case number.
- Judges
- Phehane
- Legal Topics
- Contempt of Court, Rule Nisi, Duplication of Proceedings, Revival of Lapsed Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
South African Municipalworkers Union obo AL Watkins
Applicant
Mangaung Metropolitan Municipality
Respondent
Municipal Manager Sello More
Respondent
Procedural Posture
Urgent Application / Ex Parte Contempt Application; Struck Off Roll
Legal Issues
- 1 Whether the contempt of court application under case number J692/24 is competent given the lapse of the rule nisi in JR1416/13.
- 2 Whether the applicant is entitled to relief without first reviving the lapsed rule nisi.
- 3 Whether the multiplicity of proceedings on the same merits and relief is permissible.
Ratio Decidendi
The court found that the rule nisi issued under case number JR1416/13 lapsed when no party appeared on the return date. As a result, the applicant cannot seek contempt relief under a new case number (J692/24) without first reviving the lapsed rule nisi in the original matter. The court emphasized that duplicating proceedings with identical parties and relief under multiple case numbers is improper and should be avoided. Accordingly, the present application was struck off the roll, and the applicant was directed to apply for revival of the rule nisi under the original case number.
Court Disposition
Application struck off the roll; applicant directed to apply for revival of the rule nisi under the original case number.
Orders
- The contempt of court application under case number J692/24 is struck off the roll.
- The applicant is to file an application to resuscitate the contempt of court application under JR1416/13 and is to bring an application under the same case number to resuscitate the rule nisi.
Full Case Text
Judgment text and source record
34 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: J 692/24
In the matter between:
SOUTH AFRICAN MUNICIPALWORKERS UNION
obo AL WATKINS
Applicant
and
MANGAUNG METROPOLITAN MUNICIPALITY
First Respondent
MUNICIPAL MANAGER SELLO MORE
Second Respondent
Heard: 1 August 2024
Delivered: 1 August 2024
Edited: 1 August 2024
EX TEMPORE JUDGMENT
PHEHANE, J
[1] This is an ex parte application for contempt of court proceedings brought under case number J692/24.
[2] Under a different case number, that is, JR1416/13, a rule nisi was issued by this Court on 22 February 2020, with the same relief that the applicant now seeks in the present application.
[3] The rule nisi was subsequently extended to 14 August 2020. Mr. Tati for the applicant informs this Court that there was no appearance by the parties on the return date on 14 August 2020. It follows therefore, that rule nisi that was issued on 22 February 2020 lapsed. In my view, if the rule nisi has lapsed, then the applicant should bring an application to revive it.[1]
[4] There is a concern arising in this Court of a multiplicity of case numbers involving the same applicants, the same merits and seeking the same relief. This should be discouraged.[2] To avoid a duplication of matters, this present application falls to be struck off the roll and the applicant is to launch an application
under case number JR1416/13 to revive the rule nisi that was issued on 22 February 2020.
[5] In the premises, the following order is made:
Order
1. The contempt of court application under case number J692/24 is struck off the roll.
2. The applicant is to file an application to resuscitate the contempt of court application under JR1416/13 and is to bring in application
under the same case number [JR1416/13] to resuscitate the rule nisi.
M. T. M. Phehane
Judge of the Labour Court of South Africa
Appearances:
For the applicant: Mr. Paul Tati of Tati Attorneys
[1] Rule 27(4) of the Uniform Rules of Court, read with rule 71 of the Rules Regulating the Conduct of the Proceedings of the Labour Court, published under GN4775a in GG 50608 of 3 May 2024.
[2] The respondents filed an explanatory affidavit on 4 August 2020 in the contempt of Court application under case number JR1416/13,
albeit out of time.