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[2017] ZALCJHB 331
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Council for Geoscience v Nkuna and Others (J2235/17) [2017] ZALCJHB 331 (15 September 2017)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case no: J 2235-17
In
the matter between:
COUNCIL
FOR
GEOSCIENCE
Applicant
and
MUNGEDZI
MICHAEL NKUNA
First Respondent
THE
SHERIFF FOR PRETORIA EAST
Second Respondent
NEDBANK
LTD SILVERTON
Third Respondent
Heard:
14
September 2017
Delivered:
15
September 2017
JUDGMENT
WHITCHER J
[1]
The
notice of attachment dated 8 September 2017 and in terms of
which the attachment was made is set aside for the following
reasons.
[2]
The
grand total claimed in this notice is clearly incorrect and
contradicts the amounts set out in the introduction of the notice
where the amounts are explained. The judgment creditor is entitled to
the payment of R716 500.00 (the capital amount) plus
interest
calculated at 15.5% from the date of the award, being the 25 October
2014 until date of actual payment and/or the execution
notice plus
any costs order awarded in favour of the first respondent by the
court plus the sheriff’s costs.
[3]
However,
the grand total claimed in the notice dated 8 September 2017
is for a capital amount of R1 107 792.35
plus interest and
the sheriff’s costs. The capital amount claimed is incorrect.
[4]
The
court order/award together with the amounts claimed was not served on
the relevant treasury in terms of the
State Liability Act 20 of 1957
,
as amended.
[5]
I
shall not award costs against the respondents in this application
because the applicant has provided no valid reasons why it has
failed
to pay the amounts due to the first respondent, despite the
following.
[6]
In
February 2015, the applicant in its application to stay an earlier
writ made an undertaking to pay the full judgment debt together
with
interest immediately in the event of the dismissal of its review
application.
[7]
A
demand for payment of the judgment debt was made as far back as
4 August 2017, after the handing down of the judgment
dismissing the applicant’s review application.
[8]
The
applicant was further warned that the failure to honour the judgement
debt will lead to an execution process.
[9]
The
applicant has failed to set out valid reasons as to why it has failed
to honour the judgment debt and why the first respondent
is forced to
resort to execution proceedings.
Order
[10]
In the
premise, the following order is made:
1.
The
notice of
attachment
dated 8 September 2017 is set aside.
2.
There
is no order for costs.
_________________________
B.
Whitcher
Judge of the Labour Court of South
Africa
APPEARANCES:
For the
Applicant:
Masephule Dinga Incorporated
For the First Respondent:
M M Baloyi Attorneys