FOR
APPLICANTS W.
MKHATSHWA
FOR
RESPONDENTS N.
VILAKATI
EX TEMPORE
JUDGEMENT 13.11.07
[1]
The
applicants in this matter instituted an urgent application for
contempt of court against the respondents.
[2]
On the 15 June 2007 the court handed down a ruling in which it
ordered the parties to meet within twenty-one days to address the
issues that were forming part of the agreement reached between the
parties during conciliation at the Conciliation Mediation and
Arbitration Commission ("CMAC") and to bring same to
finality within seven days of the first meeting.
[3]
The matter has since been brought back to court by the applicants by
means of a notice of re-instatement. No further papers were filed by
the parties. The applicants' attorney made submissions from the bar
that the respondents have not fully complied with the court order in
that the issues have not been finalized as per the order of the
court.
[4]
The respondents' attorney also made submissions from the bar and
told the court that the respondents have complied with the court
order in that they did convene a meeting with the applicants as per
the court order and also addressed the issues that form part of the
agreement reached at CMAC which was thereafter made an order of this
court. She conceded however that not all the issues have been
addressed to finality. She submitted therefore that the respondents
were not in willful disregard of the court order.
[5]
It is difficult for the court to make a definite determination of
the matter based on the submissions of the attorneys from the bar.
Furthermore, in terms of clause 2.5 of the agreement, the parties,
"...
agreed that the Government will endeavour
to
address the applicants' prayers with regard to employment status,
protective clothing and back pay by the end of December, 2005. "(my
emphasis).
[6]
It
seems to the court that the burden is on the Government to show or
prove to the court the endeavours that have been to address the
issues. That clearly cannot be properly or satisfactorily done
orally by submissions of counsel from the bar.
[7]
Taking
into account all the above-mentioned observations and all the
circumstances of the case the court will make the following order:
1.
THAT THE RESPONDENTS ARE ORDERED TO FILE AFFIDAVIT(S) OF WHAT THEY
HAVE DONE IN THIS MATTER TO COMPLY WITH THE COURT ORDER OF THE 15th
JUNE
2007 AND TO SERVE THESE DOCUMENTS ON THE APPLICANTS AND TO THE COURT
ON OR BEFORE THE 27™ NOVEMBER 2007.
2.
THAT THE MATTER BE PLACED ON THE ROLL ON FRIDAY 30th
NOVEMBER
2007.
3.
NO ORDER AS TO COSTS IS MADE.
