J2440/00-HVDM
Sneller Verbatim/HVDM
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J2440/00
2001-02-02
In the matter between
Applicant
and
Respondent
In re:
Applicant
and
DE FONSECA JORGE M
T/A JEEBO TRADING AND RAND STRETCHERS 1st Respondent
2ND Respondent
________________________________________________________________
J U D G M E N T
Delivered on 3 February 2001
________________________________________________________________
REVELAS J:
1.In this matter the respondent obtained an award in her favour from the
Commission for Conciliation, Mediation and Arbitration, (the CCMA).
Subsequent thereto the second respondent as well as Jeebo Trading and
Rand Stretchers did not comply therewith.
2.
3.The respondent then brought an application to have the award made an order
of court and thereafter brought an application to join the second
1
JUDGMENT1
respondent, Mr JM De Fonseca as a party to the proceedings. Thereafter
Mr De Fonseca (as the applicant) brought an application to have the
order in terms of which he was joined as a party rescinded on the basis
that it was obtained in his absence and without him being notified of
the order. However, it was brought to my attention by the respondent,
that is Mrs Roets, that the applicant had indeed been notified by
someone not a party to these proceedings of the application and the
date.
4.A court is also entitled to meru moto join a party in that if it is of the
opinion that the party would have an interest in the outcome thereof.
There is also nothing to indicate any prospect of success on the part of
the applicant to show that he was not part of the proceedings before the
CCMA. He was absent but such evidence given, apparently on his behalf,
he regards as the testimony of persons who had no authority to act on
his behalf.
5.In this regard it is of note that Mr De Fonseca, the applicant, did not
ever bring an application for review of the award.
6.He also did not ask for the award to be rescinded on the basis that it was
obtained in his absence and without him being aware of it.
7.Instead, he entered into correspondence with the CCMA and I gained the
strong impression from the history of this file and the conduct of Mr De
Fonseca is that he is attempting to escape the consequences of the
arbitration hearing which was held.
8.In the circumstances the application is dismissed with costs.
________________
E. Revelas
In person
ON BEHALF OF D DE FONSECA : Mr Pelser from,
J2440/00-HVDM
Cyril Ziman & Associates
3
JUDGMENT3