IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: JR1236-22
In the matter between:
PRECIOUS SAAMLEK FLEMING NYIRENDA Applicant
and
DISPUTE RESOLUTION CENTRE (MIBCO)
SENIOR COMMISSIONER M TSATSIMPE N.O.
DOTCOM TRADING (ENGEN EDENBURG)
Heard: 29 July 2025
Delivered: 3 September 2025
First Respondent
Second Respondent
Third Respondent
JUDGMENT
SASS AJ
Background
1 This matter was postponed from 22 May 2025 to 29 July 2025 in terms of the
Order of the Honourable Acting Justice Cithi to allow the Applicant the opportunity to
serve the Order of this Court dated 11 March 2025 on the Third Respondent.
2 Between the Order of this Court dated 11 March 2025 and 22 May 2025, and
before the Order dated 11 March 2025 was served on the Third Respondent, the
Applicant instituted a Contempt of Court application against the Third Respondent
relating to non-compliance with the Order dated 25 March 2025.
3 The Applicant’s Contempt of Court application, which was launched on or
about 17 April 2025, was opposed by the Third Respondent.
4 Prior to the Third Respondent receiv ing the Applicant’s Contempt of Court
Application on or after 17 April 2025, and on or about 16 April 2025, the Third
Respondent instituted a Rescission Application on or about 16 April 2025 in respect
of the Order dated 25 March 2025.
5 The Third Respondent’s Rescission Application preceded the Applicant’s
Contempt of Court application.
6 The Third Respondent’s Rescission Application does , at least prima facie,
point towards it not being in wilful non -compliance with and contempt of the Order
dated 11 March 2025 which it is seeking to rescind.
7 The Third Respondent’s Rescission Application has to be heard before the
Applicant’s Contempt of Court application may be considered.
8 In the circumstances, the Court makes the following Order:
Order
9 The Applicant is to file her Answering Affidavit opposing the Rescission
Application as soon as possible after 29 July 2025 and in any event by no later than
within 10 (ten) days of the date of this Order.
10 The Third Respondent is to file its Replying Affidavit in the Rescission
Application in response to the Answering Affidavit of the Applicant , if any, within 5
(five) days of receiving the Answering Affidavit and in any event by no later than
within 15 (fifteen) days of the date of this Order
11 The Registrar is to enrol the Third Respondent’s Rescission Application on an
expedited basis on the opposed motion roll after the abovementioned Answering
Affidavit and Replying Affidavit has been filed.
12 No order is made as to costs.
M Sass
Acting Judge of the Labour Court of South Africa
Appearances
For the Applicant: In person
For the Respondent: Advocate R Orr
Instructed by : Bailie Janke Snyman Attorneys