The applicant approached this court on an urgent basis seeking the following provisional order:
TERMS OF FINAL ORDER SOUGHT
That you show cause to this honourable court why a final order should not be made in the following terms:
That you show cause to this honourable court if any, why a final order should not be made in the following terms:
1. The first respondent and anyone in its employ or working in concert with or under its instructions be and are hereby interdicted from carrying on any form of mining activities on Welcomeback 18 Mine and from removing slag...
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The two applications were consolidated for the simple reason that they involve the same parties wherein the respondent, as the plaintiff, instituted actions against the applicant as the defendant, claiming certain amounts of money “being the outstanding balance owed to the plaintiff by the defendant for inter alia internet access provider services”.
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This is an application for stay of execution. The first respondent was an executive dean in the Faculty of Commerce and Law of the applicant. At the end of his fixed term contract as dean, a dispute arose on his status. The parties failed to agree on whether he automatically assumed his former post or whether his contract of employment was terminated. Conciliation failed and the matter was referred to arbitration.
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Applicant, a duly registered Trade Union in the Energy industry, has approached this court by way of a court application seeking a mandamus order, in the main, compelling the first respondent, a duly incorporated National Employment Council in the same sector, to admit it to its membership. In the alternative, that the 1st respondent be ordered to allow the applicant to negotiate as a petroleum subsector. The application is opposed.
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