Cash Paymaster Services (Pty) Ltd v Mgwenta NO and Others (JR2358/13) [2016] ZALCJHB 537 (14 June 2016)

Cash Paymaster Services (Pty) Ltd v Mgwenta NO and Others (JR2358/13) [2016] ZALCJHB 537 (14 June 2016)

The applicant failed to file the complete record of the arbitration proceedings as required by Rule 7A and the Practice Manual. The explanation provided for this failure was inadequate, as no steps were taken to reconstruct the record or seek directions from the court. The obligation to file a proper record rests...

Source-derived case information.

Citation
[2016] ZALCJHB 537
Parties
Applicant: Cash Paymaster Services (Pty) Ltd; Respondent: Vusi Mgwenta N.O; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Sydney Velaphi Myeni
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 June 2016
Case Number
JR2358/13
Procedural Posture
Review Application / Pre Enrolment Hearing
Outcome
The review application is deemed withdrawn due to non-compliance with the Practice Manual regarding filing of the record.
Judges
Van Niekerk
Legal Topics
Review of Arbitration Award, Practice Manual Compliance, Filing of Record, Expeditious Dispute Resolution
Labour Law Civil Procedure Review of Arbitration Award Practice Manual Compliance Filing of Record Expeditious Dispute Resolution

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Cash Paymaster Services (Pty) Ltd

Applicant

Vusi Mgwenta N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Sydney Velaphi Myeni

Respondent

Procedural Posture

Review Application / Pre Enrolment Hearing

Legal Issues

  1. 1 Whether the applicant complied with the requirement to file the complete record of the arbitration proceedings under Rule 7A.
  2. 2 Whether the explanation for failure to file the record is satisfactory under the Practice Manual.
  3. 3 What are the consequences of failing to file the record within the prescribed time period.

Ratio Decidendi

The applicant failed to file the complete record of the arbitration proceedings as required by Rule 7A and the Practice Manual. The explanation provided for this failure was inadequate, as no steps were taken to reconstruct the record or seek directions from the court. The obligation to file a proper record rests with the applicant, especially where the review is based on alleged errors in the evidence. The Practice Manual stipulates that failure to file the record within the required period, without seeking a directive, results in the application being deemed withdrawn. Accordingly, the court ordered that the review application is deemed withdrawn.

Court Disposition

The review application is deemed withdrawn due to non-compliance with the Practice Manual regarding filing of the record.

Orders

  • In terms of paragraph 11.2.3 of the Practice Manual, the application for review is deemed to have been withdrawn.