Karibuni Security Services CC v Mec, Department of Health NC Province (2558/2017) [2020] ZANCHC 62 (26 June 2020)

Karibuni Security Services CC v Mec, Department of Health NC Province (2558/2017) [2020] ZANCHC 62 (26 June 2020)

The majority held that the appellant, Karibuni Security Services CC, was not a Temporary Employment Service (TES) as defined in section 198(1) of the Labour Relations Act, but rather an independent contractor providing security services to the Department. The contract between the parties indicated the provision of...

Source-derived case information.

Citation
[2020] ZANCHC 62
Parties
Appellant: Karibuni Security Services CC; Respondent: MEC, Department of Health NC Province
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
26 June 2020
Case Number
2558/2017
Procedural Posture
Civil Appeal / Full Bench Appeal From Confirmation of Rule Nisi; Appeal Heard and Judgment Delivered
Outcome
Appeal upheld; rule nisi discharged; application dismissed with costs.
Judges
Olivier, Mamosebo, Mayet
Legal Topics
Temporary Employment Service, Vicarious Liability, Jurisdiction of High Court, Contractual Liability, Urgent Interdict, Course and Scope of Employment
Labour Law Civil Procedure Temporary Employment Service Vicarious Liability Jurisdiction of High Court Contractual Liability Urgent Interdict Course and Scope of Employment

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Summary, issues, holding and outcome

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Parties

Karibuni Security Services CC

Appellant

MEC, Department of Health NC Province

Respondent

Procedural Posture

Civil Appeal / Full Bench Appeal From Confirmation of Rule Nisi; Appeal Heard and Judgment Delivered

Legal Issues

  1. 1 Whether the High Court had jurisdiction to determine the application or interpretation of section 198A of the Labour Relations Act.
  2. 2 Whether the appellant was an independent contractor or a Temporary Employment Service (TES) as defined in section 198(1) of the Labour Relations Act.
  3. 3 Whether the employees were deemed to be employed by the Department or by the appellant under the LRA.

Ratio Decidendi

The majority held that the appellant, Karibuni Security Services CC, was not a Temporary Employment Service (TES) as defined in section 198(1) of the Labour Relations Act, but rather an independent contractor providing security services to the Department. The contract between the parties indicated the provision of services, not the placement of employees. The deeming provision in section 198A(3)(b)(i) did not apply, as the guards were not performing 'temporary service' and the Department never assumed the responsibilities of employer. The protestors were found not to be acting within the course and scope of their employment with Karibuni, as they were off duty and their actions were...

Court Disposition

Appeal upheld; rule nisi discharged; application dismissed with costs.

Orders

  • The appeal is upheld.
  • The order granted by the court a quo is set aside and substituted with: 'The rule nisi is discharged and the application is dismissed with costs.'