IN THE LABOUR COURT OF SOUTH AFRICA
HELD AT CAPE TOWN
CASE NO: C 523/01
Date: 23 January 2003
In the matter between:
NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA Applicant
and
Gabriels (Pty) Ltd Respondent
JUDGMENT
NTSEBEZA, AJ:
[1] In this matter there is an application by the respondent in terms of the notice of
motion dated 7 November 2002 in which the respondent is seeking an order that
I should direct the applicants to pay its costs of suit jointly and severally the one
paying, the other to be absolved, such costs to exclude the costs of the exception
decided on 2 September 2002.
[2] There is obviously a history to this matter but in the view that I take, I do not
consider that it is necessary for me to venture into the history. I do so with
confidence because Mr Vazi, who is the NUMSA representative and who
appeared for the union, has also indicated that the first applicant (respondent in
these proceedings) is not opposing the respondent’s prayer for the relief sought
in the notice of motion referred to hereinabove.
[3] In the circumstances and having heard counsel for respondent, I order as follows:
3.1 The applicants in the main case are ordered to pay the respondent’s costs
of suit, jointly and severally, one paying the other to be absolved, such
costs to exclude the costs of the exception decided on 2 September 2002.
________________________________________
D B NTSEBEZA
Acting Judge of the Labour Court of South Africa
Date of Hearing: ……………………………….
Date of Judgment: 23 JANUARY 2003
For the Applicant: NIKKITA VAZI
Instructed by: NUMSA
SALT RIVER