Zwane and Others v Alert Fencing Contractors CC (JA36/09) [2010] ZALAC 27; (2010) 31 ILJ 2378 (LAC) (28 May 2010)

Zwane and Others v Alert Fencing Contractors CC (JA36/09) [2010] ZALAC 27; (2010) 31 ILJ 2378 (LAC) (28 May 2010)

The Labour Appeal Court held that the default judgment granted by the Labour Court was erroneously sought and granted because the respondent was not notified of the proceedings as required by rule 6(7). The registrar was not permitted to enrol the matter for default judgment without notice to the respondent, nor was the Labour Court entitled to entertain the default judgment in the respondent's absence. The respondent demonstrated good cause for its default, provided a bona fide defence, and gave a reasonable explanation for its absence. The rescission of the default judgment was therefore correct, and the appeal was dismissed. The pending issue regarding the order barring the respondent...

Citation
[2010] ZALAC 27
Parties
Appellant: Sabela Zwane; Appellant: Aaron Madonsela; Appellant: Petrus Madonsela; Appellant: Ezekial Nkosi; Appellant: William Mashaba; Appellant: David Matadi; Respondent: Alert Fencing Contractors CC
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
28 May 2010
Case Number
JA36/09
Procedural Posture
Labour Appeal / Appeal Against Rescission of Default Judgment
Outcome
Appeal dismissed.
Judges
Waglay, Tlaletsi, Musi
Legal Topics
Rescission of Judgment, Default Judgment, Good Cause, Pre Trial Procedure, Unfair Dismissal
Labour Law Civil Procedure Rescission of Judgment Default Judgment Good Cause Pre Trial Procedure Unfair Dismissal

Case Brief

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Parties

Sabela Zwane

Appellant

Aaron Madonsela

Appellant

Petrus Madonsela

Appellant

Ezekial Nkosi

Appellant

William Mashaba

Appellant

David Matadi

Appellant

Alert Fencing Contractors CC

Respondent

Procedural Posture

Labour Appeal / Appeal Against Rescission of Default Judgment

Legal Issues

  1. 1 Whether the Labour Court correctly rescinded the default judgment granted in favour of the appellants.
  2. 2 Whether the respondent was properly notified of the default judgment proceedings as required by rule 6(7).
  3. 3 Whether the respondent showed good cause for its default and for rescission of judgment.

Ratio Decidendi

The Labour Appeal Court held that the default judgment granted by the Labour Court was erroneously sought and granted because the respondent was not notified of the proceedings as required by rule 6(7). The registrar was not permitted to enrol the matter for default judgment without notice to the respondent, nor was the Labour Court entitled to entertain the default judgment in the respondent's absence. The respondent demonstrated good cause for its default, provided a bona fide defence, and gave a reasonable explanation for its absence. The rescission of the default judgment was therefore correct, and the appeal was dismissed. The pending issue regarding the order barring the respondent...

Court Disposition

Appeal dismissed.

Orders

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