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[2026] ZALCCT 33
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Distri George (Pty) Ltd ta Distriliq George v Independent Commercial, Hospitality and Allied Workers Union, Employees Listed In Annexure A and Others (2026/037053) [2026] ZALCCT 33 (27 February 2026)
THE
LABOUR COURT OF SOUTH AFRICA, CAPE TOWN
Case
No:
2026-037053
(1)
Reportable: NO
(2)
Of interest to other Judges: Yes
27/02/2026
In
the matter between:
DISTRI
GEORGE (PTY) lTD t/a DISTRILIQ
GEORGE
and
INDEPENDENT
COMMERCIAL, HOSPITALITY
AND
ALLIED WORKERS UNION (ICHAWU),
EMPLOYEES
LISTED IN ANNEXURE “A”
Applicant
Second
and Further
Respondents
JUDGMENT IN
APPLICATION UNDER
S 18(3)
OF THE
SUPERIOR COURTS ACT 10
OF 2013
LAGRANGE, J
[1]
The applicant applied under
s 18(3)
of the
Superior Courts Act 10
2013
to uplift the suspension of the operation of the judgment handed
down by this court on 9 February 2026 in case number 2025-246180,
which was suspended pending the outcome of an application for leave
to appeal against the judgment brought by the respondents.
The
s
18(3)
application was opposed by the respondents.
[2]
The application was enrolled for hearing on 20 February 2026, and
extensive argument was heard. However, it transpired
that the
applicant had filed its opposing submissions in application for leave
to appeal the same day. The parties agreed that
the leave to appeal
application could be decided by the court, even though the
respondents had only filed their notice of application
for leave to
appeal.
[3]
Judgment in the leave to appeal application was handed down on 23
February 2026. Consequently, this
section 18(3)
was rendered
moot and the application must be struck off the roll.
Order
1.
The application is struck off the roll having become moot.
2.
No order is made as to costs.
R Lagrange
Judge
of the Labour Court of South Africa
In
Chambers
27
February 2026