Tshumi and Others v Queensburgh Plastics and Another (D455/97) [1998] ZALC 110 (13 November 1998)

Tshumi and Others v Queensburgh Plastics and Another (D455/97) [1998] ZALC 110 (13 November 1998)

The court held that the applicants failed to prove beyond reasonable doubt that Mr Moodley had knowledge of the reinstatement order and wilfully disobeyed it. The evidence presented was largely hearsay, as there was no affidavit from Mr Bala confirming that the order was faxed to Mr Moodley, nor proof that the attorney's letter reached Mr Moodley personally. While it is possible that Mr Moodley became aware of the order, this was not established to the required criminal standard. Accordingly, the application for contempt was dismissed. The court declined to make a costs order against the respondents, as the case against them was not made out.

Citation
[1998] ZALC 110
Parties
Applicant: Ntombenhle Mildred Tshumi and six others; Respondent: Queensburgh Plastics (Pty) Ltd; Respondent: K Moodley
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
13 November 1998
Case Number
D455/97
Procedural Posture
Contempt Application / Application for Contempt of Court Order Following Reinstatement Order
Outcome
Application for contempt dismissed; no order as to costs.
Judges
A A Landman
Legal Topics
Contempt of Court, Reinstatement, Onus of Proof, Company Director Liability
Labour Law Civil Procedure Contempt of Court Reinstatement Onus of Proof Company Director Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Ntombenhle Mildred Tshumi and six others

Applicant

Queensburgh Plastics (Pty) Ltd

Respondent

K Moodley

Respondent

Procedural Posture

Contempt Application / Application for Contempt of Court Order Following Reinstatement Order

Legal Issues

  1. 1 Whether Mr Moodley is in contempt of court for failing to comply with the reinstatement order granted against Queensburgh Plastics (Pty) Ltd.
  2. 2 Whether the applicants have proved beyond reasonable doubt that Mr Moodley had knowledge of the court order and wilfully disobeyed it.
  3. 3 Whether costs should be awarded against the respondents.

Ratio Decidendi

The court held that the applicants failed to prove beyond reasonable doubt that Mr Moodley had knowledge of the reinstatement order and wilfully disobeyed it. The evidence presented was largely hearsay, as there was no affidavit from Mr Bala confirming that the order was faxed to Mr Moodley, nor proof that the attorney's letter reached Mr Moodley personally. While it is possible that Mr Moodley became aware of the order, this was not established to the required criminal standard. Accordingly, the application for contempt was dismissed. The court declined to make a costs order against the respondents, as the case against them was not made out.

Court Disposition

Application for contempt dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.