Chabalala v Commission for Conciliation, Mediation and Arbitration and Others (JR553/20) [2021] ZALCJHB 298 (23 September 2021)

Chabalala v Commission for Conciliation, Mediation and Arbitration and Others (JR553/20) [2021] ZALCJHB 298 (23 September 2021)

The applicant's delay in filing the review application was excessive, and the explanation provided was unreasonable and insufficient. The Covid-19 lockdown accounted for only a portion of the delay, with the remainder unexplained. Employment disputes, particularly review applications, are inherently urgent and require prompt action. The applicant failed to demonstrate good cause for the delay, and the review application itself lacked prospects of success, as it improperly sought to appeal the arbitration award rather than challenge it on review grounds. Accordingly, condonation was refused.

Citation
[2021] ZALCJHB 298
Parties
Applicant: Muhluri Tsundzuka Chabalala; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Dumusani Ngwenya N.O; Respondent: Eagle Eye Security Specialists (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 September 2021
Case Number
JR553/20
Procedural Posture
Review Application / Condonation Application for Late Review Filing
Outcome
Condonation application dismissed; no order as to costs.
Judges
Nkutha-Nkontwana
Legal Topics
Condonation, Review of Arbitration Award, Late Filing, Prospects of Success, Interests of Justice
Labour Law Civil Procedure Condonation Review of Arbitration Award Late Filing Prospects of Success Interests of Justice

Case Brief

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Parties

Muhluri Tsundzuka Chabalala

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Dumusani Ngwenya N.O

Respondent

Eagle Eye Security Specialists (Pty) Ltd

Respondent

Procedural Posture

Review Application / Condonation Application for Late Review Filing

Legal Issues

  1. 1 Whether the applicant has provided a reasonable explanation for the excessive delay in filing the review application.
  2. 2 Whether the applicant's review application has sufficient prospects of success to warrant condonation.
  3. 3 Whether the interests of justice favour granting condonation in the circumstances.

Ratio Decidendi

The applicant's delay in filing the review application was excessive, and the explanation provided was unreasonable and insufficient. The Covid-19 lockdown accounted for only a portion of the delay, with the remainder unexplained. Employment disputes, particularly review applications, are inherently urgent and require prompt action. The applicant failed to demonstrate good cause for the delay, and the review application itself lacked prospects of success, as it improperly sought to appeal the arbitration award rather than challenge it on review grounds. Accordingly, condonation was refused.

Court Disposition

Condonation application dismissed; no order as to costs.

Orders

  • The applicant’s condonation application is dismissed.
  • There is no order as to costs.