Claims Court’s decision

the court was not well constituted as the function of the interpreter is to interpret and explain what the parties have testified on, so that there is no misinterpretation and/or omission of the evidence adduced in the court record.

“I am advised and verily believe that the findings of the second respondent create a legal head-on collision of findings and as such there is a material error of law, which is not only regrettable but reviewable under the common law,” said Dlamini. He alleged that the commissioner ordered him to pay Nxumalo a sum of E4 915 without hearing evidence in proof of damages or conducting an inspection-in-loco.

The businessman also told the court that he was granted labour fees in the sum of E1 000, which he never sought in the first place. In this application, Dlamini is seeking an order reviewing, correcting and setting aside the commissioner’s decision delivered on December 13, 2022.

The veracity of these allegations is still to be tested in court. Dlamini is represented by Dumisani Hleta of DEMHleta Legal. In his answering papers, Nxumalo submitted that Dlamini allegedly freely and voluntarily agreed that the proceedings continued in the absence of the interpreter.

“There was no objection on the part of the applicant with the issue of the interpreter. The applicant agreed that we proceed in the absence of the interpreter. This matter was heard in the days of transport not being available due to the political unrest.

“The second respondent (Ngozo) explained the situation of the absence of the court officers, inclusive of the interpreter, before proceeding with the case. The second respondent further asked each party if they sought a postponement or that we continue hearing the matter. We both agreed that the second respondent can continue to hear the case,” Nxumalo said.

The motor vehicle owner informed the court that the court was well constituted at the time the matter was dealt with.

Interpreter

“This is a Small Claims Court and it is not mandatory that there be an interpreter. This is provided for in the Small Claims Court Act,” he submitted.

Nxumalo stated that Section 5 (3) of the Act provided that; “If evidence is given in a language which one of the parties is in the opinion of the court not sufficiently conversant, a competent interpreter may be called by the court to interpret that evidence into a language with which that party appears to be sufficiently conversant, irrespective of whether the language in which the evidence is given is one of the official languages.”

He said he and Dlamini were both emaSwati and they fully understood the siSwati language. He stated that the proceedings were conducted in siSwati. Nxumalo submitted that all the evidence of the parties was contained in the record of proceedings.

“From the evidence read as a whole, it is clear that the motor vehicle was brought to the garage by a tow truck. The applicant is relying on minor mistakes. The applicant ought to have read the record as a whole and not read it selectively. Sadly, the applicant has read the record selectively. The evidence of the applicant was rightly captured, in particular the gist of the evidence by the second respondent during the hearing of the matter.

“I am advised and verily believe that the applicant cannot rely on a genuine mistake as a ground for review. The second respondent correctly captured the evidence of the applicant, in particular, the gist of the evidence. The presence of an interpreter would have made no difference as the second respondent would have arrived at the same decision.”

Nxumalo argued that Dlamini failed to execute the instructions he had given him, hence he approached the Small Claims Court for relief in that he had paid the mechanic for a service.

He alleged that there was no performance on the part of Dlamini, despite being paid. In this regard, there was a breach of contract, said Nxumalo. On another note, Nxumalo accused Dlamini of abusing the court process. He said the matter was already pending under a different case number. Nxumalo is represented by Maseko Tsambokhulu Attorneys. The matter is pending in court.