“It was in line with the spirit and letter of the law. Only after a deadlock or an impasse had manifested did the applicant come to court. Any reasonable person can see that it was time to act,” the judge noted, adding that after assessing the merits of the case, he was left with no choice but to grant the applicants the relief they sought.
“In casu, respondents undoubtedly find themselves between a hard place and a rock. They are in an invidious position.
“Having analysed the BNP agreements at length, as I have done above, I come to the conclusion that applicant’s main case is not without merit. The application succeeds. An order is hereby granted in in terms of the draft,” Justice Mafusire ruled.
He, however, urged the disputants to go back to the drawing board and solve their problems through dialogue.
“An urgent chamber application is generally an unsatisfactory method of solving disputes. It is disruptive,” the judge said.
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