Vrystaat Cheetahs (Edms) Beperk v Mapoe and Others (4587/2010) [2010] ZAFSHC 175 (29 September 2010)

Vrystaat Cheetahs (Edms) Beperk v Mapoe and Others (4587/2010) [2010] ZAFSHC 175 (29 September 2010)

The court found that the applicant established urgency due to the impact on its rugby team and compliance requirements. The arbitration award confirmed the existence of a valid and binding player contract between the applicant and the first respondent. The alleged repudiation by the applicant was not substantiated, as any delays in salary or SARPA payments were bona fide errors, subsequently remedied, and did not amount to a clear intention not to be bound. The first respondent failed to follow the contractually required procedures for termination, including notice to remedy and exhaustion of grievance procedures. The discrimination claim was not supported by evidence and had already been...

Citation
[2010] ZAFSHC 175
Parties
Applicant: Vrystaat Cheetahs (Edms) Beperk; Respondent: Granton Lionel Starlone Mapoe; Respondent: Sharks (Edms) Beperk; Respondent: Die Suid-Afrikaanse Rugby-Unie (SARU); Respondent: SARPA
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 September 2010
Case Number
4587/2010
Procedural Posture
Urgent Application / Final Determination of Urgent Application for Specific Performance and Interdict
Outcome
Application granted in substantial part. Urgent relief condoning non-compliance with rules is granted. The arbitration award is made an order of court. The first respondent is ordered to report for duty at the applicant's premises by the specified date. Interdicts are granted against both first and second...
Judges
Van Zyl, R
Legal Topics
Specific Performance, Urgent Interdict, Arbitration Award Enforcement, Contract Repudiation, Employment Contract, Player Transfer Regulations
Commercial and Corporate Civil Procedure Specific Performance Urgent Interdict Arbitration Award Enforcement Contract Repudiation Employment Contract Player Transfer Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Vrystaat Cheetahs (Edms) Beperk

Applicant

Granton Lionel Starlone Mapoe

Respondent

Sharks (Edms) Beperk

Respondent

Die Suid-Afrikaanse Rugby-Unie (SARU)

Respondent

SARPA

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Application for Specific Performance and Interdict

Legal Issues

  1. 1 Whether the applicant is entitled to urgent relief condoning non-compliance with court rules regarding service and time periods.
  2. 2 Whether the arbitration award dated 10 August 2010 should be made an order of court.
  3. 3 Whether the applicant is entitled to specific performance compelling the first respondent to report for duty under the player contract.

Ratio Decidendi

The court found that the applicant established urgency due to the impact on its rugby team and compliance requirements. The arbitration award confirmed the existence of a valid and binding player contract between the applicant and the first respondent. The alleged repudiation by the applicant was not substantiated, as any delays in salary or SARPA payments were bona fide errors, subsequently remedied, and did not amount to a clear intention not to be bound. The first respondent failed to follow the contractually required procedures for termination, including notice to remedy and exhaustion of grievance procedures. The discrimination claim was not supported by evidence and had already been...

Court Disposition

Application granted in substantial part. Urgent relief condoning non-compliance with rules is granted. The arbitration award is made an order of court. The first respondent is ordered to report for duty at the applicant's premises by the specified date. Interdicts are granted against both first and second...

Orders

  • The applicant's non-compliance with court rules regarding service and time periods is condoned; the application is heard as urgent.
  • The arbitration award dated 10 August 2010 by Adv. AJR Van Rhyn SC is made an order of court.