Lehlohonolo Ntholeng and Another v The DDPR and Another (LC/REV 61 of 2011) [2013] LSLC 79 (14 October 2013)

Lehlohonolo Ntholeng and Another v The DDPR and Another (LC/REV 61 of 2011) [2013] LSLC 79 (14 October 2013)

Applicants failed to provide a satisfactory explanation for the delay in filing the review application, and prospects of success cannot outweigh an inordinate and unexplained delay. The court therefore lacks jurisdiction to entertain the review application.

Citation
[2013] LSLC 79
Parties
Applicant: Lehlohonolo Ntholeng; Applicant: Mokone Sellane; Respondent: The DDPR; Respondent: C. G. M Industrial (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
14 October 2013
Case Number
LC/REV 61 of 2011
Procedural Posture
Review Application / Judgment on Condonation and Review Application
Outcome
Application for condonation refused; review application dismissed for want of jurisdiction; no order as to costs.
Legal Topics
Condonation, Review of Arbitral Award, Jurisdiction, Unfair Dismissal
Source Language
English
Labour Law Condonation Review of Arbitral Award Jurisdiction Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Lehlohonolo Ntholeng

Applicant

Mokone Sellane

Applicant

The DDPR

Respondent

C. G. M Industrial (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Condonation and Review Application

Legal Issues

  1. 1 Whether the applicants provided a satisfactory explanation for the delay in filing the review application
  2. 2 Whether prospects of success alone are sufficient to grant condonation
  3. 3 Whether the court has jurisdiction to entertain a review application filed out of time

Ratio Decidendi

Applicants failed to provide a satisfactory explanation for the delay in filing the review application, and prospects of success cannot outweigh an inordinate and unexplained delay. The court therefore lacks jurisdiction to entertain the review application.

Court Disposition

Application for condonation refused; review application dismissed for want of jurisdiction; no order as to costs.

Orders

  • The application for condonation is refused.
  • The review application is dismissed for want of jurisdiction.