Agulhas v Dispute Resolution Centre and Others (P 285/06) [2014] ZALCPE 36 (12 December 2014)

Agulhas v Dispute Resolution Centre and Others (P 285/06) [2014] ZALCPE 36 (12 December 2014)

The court found that the applicant failed to cure the original defect in the notice of motion, as the amended notice of motion did not comply with Rule 7A(2)(c) by failing to attach an affidavit setting out the grounds for review. The applicant also failed to prove membership of TAWU at the relevant time, which was necessary for locus standi. The court accepted the third respondent's explanation for the late filing of its answering affidavit and granted condonation. As the applicant did not comply with the court's directive to properly place the application before the court, the review application remained fatally defective and was not properly before the court. The requirements of law...

Citation
[2014] ZALCPE 36
Parties
Applicant: Colin Luke Agulhas; Respondent: Dispute Resolution Centre; Respondent: Wikus Riekert N.O.; Respondent: Bosal Africa
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
12 December 2014
Case Number
P 285/06
Procedural Posture
Review Application / Application to Review and Set Aside Arbitration Ruling; Preliminary Points in Limine; Condonation Applications
Outcome
Application struck from the roll with costs.
Judges
Lallie
Legal Topics
Locus Standi, Condonation, Trade Union Representation, Review of Arbitration Award, Rule 7a Compliance
Labour Law Civil Procedure Locus Standi Condonation Trade Union Representation Review of Arbitration Award Rule 7a Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Luke Agulhas

Applicant

Dispute Resolution Centre

Respondent

Wikus Riekert N.O.

Respondent

Bosal Africa

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside Arbitration Ruling; Preliminary Points in Limine; Condonation Applications

Legal Issues

  1. 1 Whether the amended notice of motion cured the original defect regarding locus standi.
  2. 2 Whether the applicant complied with Rule 7A(2)(c) of the Labour Court Rules.
  3. 3 Whether the applicant proved membership of TAWU at the relevant time.

Ratio Decidendi

The court found that the applicant failed to cure the original defect in the notice of motion, as the amended notice of motion did not comply with Rule 7A(2)(c) by failing to attach an affidavit setting out the grounds for review. The applicant also failed to prove membership of TAWU at the relevant time, which was necessary for locus standi. The court accepted the third respondent's explanation for the late filing of its answering affidavit and granted condonation. As the applicant did not comply with the court's directive to properly place the application before the court, the review application remained fatally defective and was not properly before the court. The requirements of law...

Court Disposition

Application struck from the roll with costs.

Orders

  • The third respondent's late filing of the answering affidavit is condoned.
  • The application is struck from the roll with costs.