South Africa Case Law

Diale and Another v Diale and Another In re: Diale v Gallery Momo Johannesburg (Pty) Ltd (2019/23347)

Diale and Another v Diale and Another In re: Diale v Gallery Momo Johannesburg (Pty) Ltd (2019/23347) [2021] ZAGPJHC 603 (23 March 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2019/23347

Judge

Yacoob

The High Court granted joinder to trustees of the Dumile Feni Family Trust, finding they had a substantial interest in the main application about Feni artworks.

• Joinder Of Parties
• Substantial Interest
• Mandate Termination
• Trust Law
• Joinder-of-parties
• Substantial-interest

Mabaso v Enicker and Another (J2205/18)

Mabaso v Enicker and Another (J2205/18) [2018] ZALCJHB 337 (18 September 2018)

Court

Labour Court Johannesburg

Case number

J2205/18

Judge

Tlhotlhalemaje

The Labour Court considered whether a non-party could be joined to enforce a default unfair-dismissal award and instead ordered him to show cause.

• Joinder Of Parties
• Unfair Dismissal
• Default Award Enforcement
• Substantial Interest
• Res Judicata
• Joinder-of-parties

Wallejee and Another v FCSA Organisation Service (Pty) Ltd and Another (J262/2010)

Wallejee and Another v FCSA Organisation Service (Pty) Ltd and Another (J262/2010) [2015] ZALCJHB 69; (2015) 36 ILJ 1943 (LC) (5 March 2015)

Court

Labour Court Johannesburg

Case number

J262/2010

Judge

Molahlehi

The Labour Court dismissed a post-judgment joinder application, finding waiver and no proven section 197 transfer of business to Talwin Consulting CC.

• Joinder Of Parties
• Section 197 Transfer
• Waiver Of Right
• Default Judgment
• Condonation
• Substantial Interest

NUMSA obo Members v Steinmuller Africa (Pty) Ltd and Others (JS758/10)

NUMSA obo Members v Steinmuller Africa (Pty) Ltd and Others (JS758/10) [2012] ZALCJHB 13; [2012] 7 BLLR 733 (LC); (2012) 33 ILJ 1885 (LC) (16 February 2012)

Court

Labour Court Johannesburg

Case number

JS758/10

Judge

Steenkamp

The court found that BHR and Intervalve have a substantial legal interest in the unfair dismissal proceedings, as some of the dismissed employees were employed by them and the dismissals were effected through shared HR services acting jointly. The procedural objection that joinder is not competent after conciliation was rejected, as the Labour Court has discretion to join parties even if they were not cited in conciliation, provided the dispute itself was conciliated. The facts showed a single dispute arising from the same strike and collective disciplinary process, making joinder appropriate…

Source excerpt

• Joinder Of Parties
• Unfair Dismissal
• Conciliation
• Rule 22 Labour Court
• Substantial Interest