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[2015] ZALCJHB 447
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Senekal v MEC for Education (Gauteng) and Another (J1980/2005) [2015] ZALCJHB 447 (27 November 2015)
IN THE LABOUR COURT OF SOUTH AFRICA
HELD
AT JOHANNESBURG
CASE
NO
: J1980/2005
DATE
: 2015-11-27
In the matter between
SENEKAL,
DIRK
CORNELIUS
Applicant
and
MEC
FOR EDUCATION
(GAUTENG)
First Respondent
GAUTENG
DEPARTMENT OF
EDUCATION
Second Respondent
J U D G M E N T
STEENKAMP,
J
:
This
is an application to have the respondents, the MEC for Education and
the Gauteng Department of Education, held in contempt
of court. It
arises from a trial directive issued by my brother Le Grange J on 6
March 2014. That trial directive related
to a number of
pre-trial issues, mainly around the furnishing of documents and other
information.
In
this consolidated case, that is case J1980/2005 together with
JEQ01/10, Mr Senekal argues that the respondents have not complied
with the trial directive. What he neglected to mention to the
court when he brought the application is that the trial has
already
been finalised and that my sister Nkutha-Nkontwantana AJ handed down
judgment in that trial on 19 August 2015. She found
in Senekal’s
favour in his unfair discrimination claim and ordered the Department
of Education (Gauteng) to pay him compensation
equivalent to twelve
months’ remuneration.
Mr Senekal nevertheless applied for leave to appeal and
Nkutha-Nkontwantana J refused leave to appeal on 7 October 2015.
The
matter is therefore moot and the Court is
functus
officio
. In any event, there is
clearly no wilful default given those circumstances. This
application is an abuse of process
and had Mr
Maile
,
for the respondents, not generously acceded to each party paying its
own costs, this Court may well have made a cost order against
the
applicant.
The
application for contempt is dismissed with no order as to costs.
___________________
STEENKAMP J
APPEARANCE
FOR THE APPLICANT:
MR SENEKAL
APPEARANCE FOR THE RESPONDENTS: MR
MAILE
Instructed
by:
The State Attorney.
CERTIFICATE
OF VERACITY
I,
the undersigned, hereby certify that,
in
as far as it is audible
,
the aforegoing is a
VERBATIM
transcription from the soundtrack of proceedings, as was ordered to
be transcribed by iAfrica Transcriptions and which had
been recorded
by Digital Court Recording Services by means of digital recording
equipment.
In the matter between:
SENEKAL,
DC
Applicant
and
DEPARTMENT
OF
EDUCATION
Respondent
Case No
J1980/05
Client Reference
N/A
# Pages
RECORDED
AT
:
Court
:
Labour Court
Court Nr
:
Stenographer
:
[No annotation]
TRIAL
DATES
:
2016-01-14
ORDER
TO TRANSCRIBE
:
Transcribe soundtrack as per order
TRANSCRIBER
:
Cherylene van Jaarsveld.
SOUNDTRACK
:
Delivered on: 2016-02-15
DATE
COMPLETED
:
2016-02-16
J406-ENVELOPE
INFORMATION
:
Not supplied
PLEASE
NOTE
:
1.
Court digital recording equipment not utilised to its full potential:
Specify
:
……
2.
Parties intervening each other, may result in indistinct words and or
phrases.
3.
Court stenographer’s annotations incomplete.
4.
Where no clear annotations are furnished, names are transcribed
phonetically.
iAfrica Transcriptions (Pty) Ltd
ARBOUR HOUSE
CNR MELLE& JUTA
STREET, 6TH FLOOR
BRAAMFONTEIN, 2001
TEL/FAX: (011)339-4362
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