Sneller Verbatim/ssl
IN THE LABOUR COURT OF SOUTH AFRICA
HELD AT BRAAMFONTEIN
CASE NO: JR1594/01
2002-02-05
In the matter between
M MKHWANAZI Applicant
and
COMMISSION FOR CONCILIATION
MEDIATION AND ARBITRATION 1ST Respondent
2ND Respondent
3RD Respondent
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J U D G M E N T
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REVELAS J:
1. The applicant, Maria Mkhwanazi, who is the former
employer of the second and third respondents owns a
taxi business. A dispute arising from alleged
operational requirements arose between the parties and
the matter was referred to the Commission for
Conciliation Mediation and Arbitration which did not
have jurisdiction to hear such matters, nonetheless
conciliated the matter and a settlement agreement was
reached under its auspices.
1. 2. It is argued on behalf of the applicant that because
the CCMA did not have jurisdiction to conciliate the
matter the agreement derived in terms thereof should be
set aside.
3. An agreement reached under those circumstances should
not necessarily be set aside for lack of jurisdiction,
but the dispute was such that the Commissioner who
tried to conciliate the matter made input that is
required from Commissioners in such circumstances.
These may not have been correct because the
Commissioner was not supposed to deal with such
matters, or is precluded to deal with such matters.
This per se is not fatal to the proses.
4. Furthermore there is undisputed evidence that the
applicant felt that she was manipulated to a certain
extent to sign the agreement. She also expressed her
doubts about the objectivity of the Commissioner who
conducted the proceedings. This is also not disputed
by the employees in this matter.
5. In the circumstances the agreement dated on 29 August
2000 reached between the parties hereto is set aside.
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E. Revelas