3G Mobile (Pty) Ltd v Raphela NO and Others (JR1910/2013) [2014] ZALCJHB 417 (31 October 2014)

3G Mobile (Pty) Ltd v Raphela NO and Others (JR1910/2013) [2014] ZALCJHB 417 (31 October 2014)

The applicant failed to provide a reasonable and acceptable explanation for the delay in prosecuting the review application and for the late filing of the answering affidavit to the Rule 11 dismissal application. The explanation offered was inadequate, consisting mainly of a chronology of visits to the Labour Court and CCMA without substantive action, such as bringing a Rule 7A(4) application to compel discovery of the record. The applicant did not take active interest in its own litigation and only acted when faced with the imminent dismissal application. The Practice Manual and established case law require expeditious prosecution of review applications, and the applicant's conduct fell...

Citation
[2014] ZALCJHB 417
Parties
Applicant: 3G Mobile (Pty) Ltd; Respondent: Raphela Thembisile N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Laranja Carla
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 October 2014
Case Number
JR1910/2013
Procedural Posture
Review Application / Application for Condonation and Dismissal of Review for Failure to Prosecute
Outcome
The applicant's condonation and postponement application is dismissed. The review application is dismissed for failure to prosecute and undue delay. The arbitration award in favour of the third respondent is made an order of court. No order as to costs.
Judges
Snyman
Legal Topics
Condonation, Failure to Prosecute, Review of Arbitration Award, Practice Manual Compliance, Rule 11 Dismissal
Labour Law Civil Procedure Condonation Failure to Prosecute Review of Arbitration Award Practice Manual Compliance Rule 11 Dismissal

Case Brief

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Parties

3G Mobile (Pty) Ltd

Applicant

Raphela Thembisile N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Laranja Carla

Respondent

Procedural Posture

Review Application / Application for Condonation and Dismissal of Review for Failure to Prosecute

Legal Issues

  1. 1 Whether the applicant provided a reasonable and acceptable explanation for the delay in prosecuting the review application.
  2. 2 Whether condonation should be granted for the late filing of the answering affidavit to the Rule 11 dismissal application.
  3. 3 Whether the review application should be dismissed for undue delay and failure to prosecute.

Ratio Decidendi

The applicant failed to provide a reasonable and acceptable explanation for the delay in prosecuting the review application and for the late filing of the answering affidavit to the Rule 11 dismissal application. The explanation offered was inadequate, consisting mainly of a chronology of visits to the Labour Court and CCMA without substantive action, such as bringing a Rule 7A(4) application to compel discovery of the record. The applicant did not take active interest in its own litigation and only acted when faced with the imminent dismissal application. The Practice Manual and established case law require expeditious prosecution of review applications, and the applicant's conduct fell...

Court Disposition

The applicant's condonation and postponement application is dismissed. The review application is dismissed for failure to prosecute and undue delay. The arbitration award in favour of the third respondent is made an order of court. No order as to costs.

Orders

  • The applicant's condonation and postponement application dated 6 October 2014 is dismissed.
  • The applicant's review application is dismissed.