J2989/98-ASS
Sneller Verbatim/ASS
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J2989/98
Date of Judgment: 2000-02-05
In the matter between
VINCENT GEORGE LAITY Applicant
and
B & D MINES Respondent
________________________________________________________________
J U D G M E N T
________________________________________________________________
REVELAS J:
1.The applicant, Mr Laity, was unsuccessful in attempting to execute a
written execution which he obtained on the basis of an award of the CCMA
being made an order of court in his favour. He subsequently brought an
application to have Mr Struck, an erstwhile or current, director (that
is in dispute) be joined as a party and as a respondent. On 26
September 2000 Ngcamu AJ made an order to the effect that Mr Struck was
joined as the second respondent in the matter.
2.
3.It came to the attention of the first and second respondents, who are B & D
Mines (Proprietary) Limited and National Manganese Mines (Pty) Limited,
that the application for joining would be brought. However, they
received no notification of when the order would be set down. According
to the respondent's attorneys of record, Ms Powett of their offices
attended at court, went through the court file, but found no notice of
1
JUDGMENT1
set down 26 September 2001, but in fact found the order of Ngcamu J
which he handed down on 26 September. In other words, the order was
obtained without notification to the first and second respondents and in
their absence.
4.In the circumstances, I must rescind that order. I do not believe that it
is appropriate at this stage as to find whether Mr Struck should have
been joined as a director insofar as he claimed that he had nothing more
to do with the respondents and in particular with National Manganese
Mines (Pty) Limited.
5.The applicant, is therefore, not precluded from applying to court again, to
join Mr Skruch, when the matter can be properly ventilated. In my view
the question of the directorship should probably be dealt with by way of
oral evidence, but that should be decided by the judge hearing
application.
6.In the circumstances, I make the following order:
1.The judgment of Ngcamu J dated 26 September 2000 is
rescinded.
2.I do not make an order as to costs, because it is not the applicant's fault
that the court registrar did not notify the respondents of the court
date.
________________
E. Revelas
On behalf of Applicant: In person
On behalf of Respondent: Mr. D Short from,
Sampson, Okes, Higgins Inc.