van Rensburg and Others v Department of Justice and Correctional Services and Others (C724/2021)
van Rensburg and Others v Department of Justice and Correctional Services and Others (C724/2021) [2022] ZALCCT 22; (2022) 43 ILJ 2110 (LC) (20 May 2022)
The court found that the defence of prescription was not available to the respondents because the certified arbitration award constituted a debt under the Prescription Act, and prescription was interrupted by both the referral to the Bargaining Council and the section 158(1)(c) application. The process under section 158(1)(c) qualifies as a 'process' under section 15(1) of the Prescription Act, thus interrupting prescription. The respondents' argument that the application was abandoned was not supported by the pleadings. Regarding standing, the court accepted the confirmatory affidavit author…
Source excerpt
- Prescription Act Interpretation
- Contempt Of Court
- Certified Arbitration Award
- Unfair Labour Practice
- Mandamus
- Standing Of Applicants