Wenum v Maquassi Hills Local Municipality (J1684/15) [2017] ZALCJHB 6; (2017) 38 ILJ 1213 (LC); [2017] 7 BLLR 736 (LC) (17 January 2017)

Wenum v Maquassi Hills Local Municipality (J1684/15) [2017] ZALCJHB 6; (2017) 38 ILJ 1213 (LC); [2017] 7 BLLR 736 (LC) (17 January 2017)

The court found that section 18 of the Superior Courts Act applies to the Labour Court and that the applicant had discharged the onus to show exceptional circumstances. The applicant faces bankruptcy and destitution, and the harm suffered is not only financial but also reputational and career-related. The respondent will not suffer irreparable harm if required to reinstate the applicant, as it will benefit from his services and can recover any payments if successful on appeal. The urgency of the matter was established, and the application was not barred by res judicata, as it arose from a new cause of action following the refusal of leave to appeal. On balance, the interests of justice...

Citation
[2017] ZALCJHB 6
Parties
Applicant: Charl Wenum; Respondent: Maquassi Hills Local Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 January 2017
Case Number
J1684/15
Procedural Posture
Leave to Appeal / Application for Leave to Execute Judgment Pending Petition for Leave to Appeal
Outcome
Leave to execute the judgment and order reinstating the applicant is granted pending the respondent's petition for leave to appeal and any subsequent appeal.
Judges
Steenkamp
Legal Topics
Leave to Execute Pending Appeal, Superior Courts Act Section 18, Reinstatement, Exceptional Circumstances, Irreparable Harm
Labour Law Civil Procedure Leave to Execute Pending Appeal Superior Courts Act Section 18 Reinstatement Exceptional Circumstances Irreparable Harm

Case Brief

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Parties

Charl Wenum

Applicant

Maquassi Hills Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Execute Judgment Pending Petition for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to execute the reinstatement judgment pending the respondent's petition for leave to appeal.
  2. 2 Whether exceptional circumstances exist as required by section 18(3) of the Superior Courts Act.
  3. 3 Whether the applicant will suffer irreparable harm if execution is not granted and whether the respondent will not suffer irreparable harm if execution is granted.

Ratio Decidendi

The court found that section 18 of the Superior Courts Act applies to the Labour Court and that the applicant had discharged the onus to show exceptional circumstances. The applicant faces bankruptcy and destitution, and the harm suffered is not only financial but also reputational and career-related. The respondent will not suffer irreparable harm if required to reinstate the applicant, as it will benefit from his services and can recover any payments if successful on appeal. The urgency of the matter was established, and the application was not barred by res judicata, as it arose from a new cause of action following the refusal of leave to appeal. On balance, the interests of justice...

Court Disposition

Leave to execute the judgment and order reinstating the applicant is granted pending the respondent's petition for leave to appeal and any subsequent appeal.

Orders

  • The applicant is granted leave to execute the judgment and order of Baloyi AJ under this case number, handed down on 15 June 2016, pending the respondent’s petition for leave to appeal and any appeal that may follow should the appeal be granted.
  • Costs of this application are to be costs in the petition for leave to appeal.