IN THE INDUSTRIAL COURT OF SWAZILAND
HELD AT MBABANE CASE NO. 60/98
In the matter between:
ATLAS MOTORS (PTY) LTD APPLICANT
and
ANTONIO COSSA RESPONDENT
In re:
ANTONIO COSSA APPLICANT
and
ATLAS MOTORS (PTY) LTD RESPONDENT
CORAM:
NDERI NDUMA: PRESIDENT
JOSIAH YENDE: MEMBER
NICHOLAS MANANA: MEMBER
FOR THE APPLICANT: MR M. SIBANDZE
FOR THE RESPONDENT: MR. MNISI
JUDGEMENT
22. 06. 2000
The Applicant seeks a stay of execution pending the determination of the Application for Review filed by the Applicant herein.
A Writ of Execution has been issued by the Registrar of the High Court. The Respondent is a Mozambican national working in Swaziland and currently has no work permit.
It is probable and likely that the Respondent may leave Swaziland at any time.
Should he leave Swaziland after the execution, while 'he review application is pending before the High Court, the Applicant would suffer irreparable prejudice in the event it is successful in its review Application.
2
For this reason alone, I allow the Application for Stay of Execution pending the review proceedings. I however order that the decretal amount be deposited in an interest bearing trust account in the name of the Attorneys for both parties pending the finalisation of the matter.
There will be no order as to costs.
NDERI NDUMA
JUDGE PRESIDENT - INDUSTRIAL COURT