The Labour Court has dismissed the Ms Mamodupi Mohlala's (National Consumer Commissioner) urgent application against, the Minister of Trade and Industry, Dr Rob Davies.
Mohlala wanted the court to declare that the letter dated 21 May 2012 issued by Minister Davies purporting to act in terms of clause 5.1 of the employment contract is ultra vires, invalid unlawful and of no legal force and effect.
Ms Mohlala sought to interdict and restrain Minister Davies from acting ultra vires by invoking clause 5.1 of the contract of employment. She further sought to obtain a declaration that the conferring process envisaged in clause 5.1 of the employment contract is conducted by the government of the Republic of South Africa through its relevant portfolio committee.
The Labour Court application was heard today, 1 June 2012 before Cele J following Minister Davies letter of 21 May 2012 to Ms Mohlala. The letter sought to comply with clause 5.1 of the contract of employment as ordered by Lagrange J in the Judgement of 18 May 2012 in the previous Labour Court proceedings instituted by the Ms Mohlala against Minister Davies.
In response to the allegations in the affidavit of Ms Mohlala, Minister Davies responded that he is the representative of the employer as a Cabinet Member duly authorised. Minister Davies also said that the letter of 21 May 2012 was in accordance with the Labour Court order dated 18 May 2012 (Lagrange J) obtained by Ms Mohlala in the previous application to the Labour Court.
And as such his conduct cannot be unlawful and ultra vires. He further stated that the application is defective in so far as it is based on the same course of action dealt with in the previous judgement and Labour Court order of Lagrange J.
After both parties presented their arguments, the Labour Court found in favour of Minister Davies. The Labour Court noted that in Ms Mohlala affidavits deposed to in the previous application, Ms Mohlala had recognised that the Minister was entitled to act in terms of clause 5.1 of the contract of employment.
The Labour court further stated that the matter is not ripe or ready to be heard due to the fact that Minister Davies had not taken a decision on the renewal or non-renewal of the contract of employment. Cele J thus ordered that the application brought by Ms Mohlala is dismissed with costs including the costs of the two counsel employed by the Minister Davies.
Minister Davies has welcomed the ruling and maintains that his actions are in accordance with the court order of Lagrange J delivered on 18 May 2012.
Enquiries:
Sidwell Medupe (Departmental Spokesperson)
Tel: 012 394 1650
Cell: 079 492 1774
E-mail: MSMedupe@thedti.gov.za
