According to court papers, Ms Motsusi was employed as a bursar in 2007. Her contract was terminated around 2012. She challenged her dismissal before DDPR. The DDPR granted an award in her favour but the school launched application for review of proceedings before labour court. The school was unsuccessful as the judgement confirmed the DDPR award and went further to order compliance within 30 days.

Thereafter, Ms Motsusi instituted enforcement proceedings before the same labour court but the school did not heed the court order. Advocate Khatala argued that there had been an abuse of court process by the school for not complying with court order. He said the order of labour court was made three years back but until now there is no compliance with it by the respondent. “Court order is court order. You comply with it or appeal it,” he said, adding that Ms Motsusi was not bound to accept any offer from respondent other than what had been ordered by the court.

The school had offered to give Ms Motsusi compensation for dismissal instead of reinstating her as ordered. Adv. Khatala said the school chose what was practical to it instead of implementing the court order. “No, don’t choose. Comply with court order,” he said. Advocate Hlalele Tṧolo for respondent asked the court to give them opportunity to compensate the applicant. He said reinstatement was not practical as the applicant is now enjoying life in a new profession and also that in her position there are now people who are employed. “If she could agree with our offer (compensation), a cheque can be written now as we speak and be given everything in terms of her contract,” he said.

However, when delivering judgement, Deputy President of Labour Court Makoanyane Keta, said where there is a court order, it should be complied with or if anyone disagrees with it, one should appeal it to a higher court. He then ordered the school to comply with court order and reinstate Ms Motsusi within 30 days.