About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Johannesburg Labour Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: Johannesburg Labour Court, Johannesburg
>>
2018
>>
[2018] ZALCJHB 205
|
|
North-West Development Corporation (NWDC) v Mohlahlo and Another (J1827-18) [2018] ZALCJHB 205 (7 June 2018)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
AT JOHANNESBURG
Case
no: J 1827-18
Not
Reportable
In
the matter between:
NORTH-WEST
DEVELOPMENT CORPORATION
(NWDC)
Applicant
and
ABIEL
MOHLAHLO
First
Respondent
SHERIFF
OF MAHIKENG
MR
H.C. ACKERMAN
(N.O.)
Second
Respondent
Heard:
5 June 2018
Order
delivered: 6 June 2018
Reasons
for Order: 7 June 2018
JUDGMENT
WHITCHER
J
[1]
On 6 June 2018 I delivered the following order:-
1.
The bond of
security put up on 18 April 2018 and the new bond filed with this
application is sufficient.
2.
Pending
finalisation of the rescission / declaratory application that is
currently pending before this court, it is hereby ordered
that:-
2.1
Further
execution proceedings, including the sale in execution scheduled for
6 June 2018 is hereby suspended and stayed.
2.2
Applicant
to pay First Respondent’s costs occasioned by this application.
2.3
Reasons for
this order will be delivered later this week.
[2]
I granted the Order because in my view it is not competent to allow
execution against property to be carried out in light of
a pending
application for rescission of judgment upon which the warrant of
execution is based.
[3]
I am of the view that the dismissal of this application will render
the pending application for rescission of judgment to be
of no force
or effect. I would also be usurping the court, of its powers, that
may be seized with the application for rescission
of judgment if I
were to exercise my discretion against the Applicant in that, by
refusing this application, I would directly be
rendering the
application for rescission worthless, which I am not empowered to do
in these proceedings. The court dealing
with the application
for rescission would be merely called upon to pronounce upon abstract
or academic issues as there will no
longer be any issues between the
parties (
Coin Security Group (Pty) Ltd v SA National Union for
Security Officers 2001(2) SA 872 (SCA) at 875A-D; Port Elizabeth
Municipality
v Smith
2002 (4) SA 241
(SCA) at 246I-247A).
[4]
However, though I have granted the application, I nonetheless feel
that, considering the history of this matter, the Applicant
should
pay the First Respondent’s costs occasioned by this
application.
________________________________
B
Whitcher
Judge
of the Labour Court of South Africa
Appearances
:
For
the applicant
Instructed
by
For
the respondent
Instructed
by