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[2014] ZALCJHB 117
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Solidarity obo Roos v South African Police Services (JS1043/12) [2014] ZALCJHB 117 (12 March 2014)
REPUBLIC
OF SOUTH AFRICA
IN
THE LABOUR COURT OFSOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not
Reportable
CASE
NO: JS 1043/12
In
the matter between
SOLIDARITY
OBO ROOS
Applicant
And
SOUTH
AFRICAN POLICE SERVICES
Respondent
Date
edited: 12 March 2014
EX
TEMPORE
JUDGMENT
MOLAHLEHI J
[1]
This
matter served before the Court on 4 November 2013. On that day the
two issues that arose concerned the documentation submitted
by the
parties and an application for postponement of the matter. The issue
of documentation was resolved on the basis that the
matter would be
submitted for file management process which is not necessary in this
ruling.
[2]
The
matter stood down by agreement between the parties to 7 November
2013, for the purposes of engaging in settlement discussions.
On 7
November 2013, the parties having failed to reach settlement, the
Court had to consider the application for the postponement
of the
matter.
[3]
It
is common cause that the matter would not have progressed on
Wednesday of that week as counsels for both parties were to appear
in
the Supreme Court of Appeal. The issue that remained for
consideration was the costs occasioned by the postponement sought by
the respondent on 7 November 2013. In considering this issue the
Court took into account that the application was made very late
and
that had it been brought earlier the matter could have been removed
from the roll. It was also apparent that the respondent
came to Court
not ready to proceed as the two witnesses it intended leading was
still to be consulted.
[4]
It
was for the above reasons that I made the following order:
1.
The
respondent is to pay the wasted costs for 7 and 8 November 2013,
occasioned by the postponement.
E Molahlehi
Judge
of the labour court of South Africa
Appearances:
For the Applicant:
Advocates MSM Brassey SC & MJ Engelbrecht
Attorney:
J D Classen
Instructed
by: Serfontein, Viljoen & Swart Attorneys
For
the Respondent: Advocate WM Mokhari SC
Instructed
by: State Attorney