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South Africa Judgment

Labour Court

Els v Memmel (J3727/01) [2002] ZALC 129 (7 March 2002)

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01

Holding and result

The court found that although the delay in filing the answering affidavit was substantial, it was not excessive. The respondent provided a reasonable explanation for the delay, namely ill-health, and demonstrated prima facie prospects of success in the review application. In the interests of fairness, condonation for the late filing was granted. Consequently, the application to have the arbitration award made an order of court was dismissed.

Court disposition

Condonation for the late filing of the opposing papers is granted. The application to have the award made an order of court is dismissed.

Orders

  • Condonation for the late filing of the opposing papers is granted.
  • The application to have the award made an order of court is dismissed.

02

Material facts

Parties

H Els

Applicant

Alec R Memmel

Respondent

03

Procedural history

  1. Posture

    Condonation Application / Application for Condonation for Late Filing of Answering Affidavit

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought to have the arbitration award made an order of court and opposed the condonation for the late filing of the respondent's answering affidavit, arguing that the delay was substantial and unjustified.
Respondent
The respondent applied for condonation for the late filing of his answering affidavit, explaining that the delay was partially due to ill-health and arguing that there were prima facie prospects of success in the review application.

05

Court’s reasoning

  1. 01

    Labour Court practice

    Condonation may be granted where the delay is not excessive, a reasonable explanation is provided, and there are prospects of success.

  2. 02

    Labour Court practice

    The interests of fairness and justice may justify condonation where ill-health contributed to the delay.

06

Ratio, limits and disposition

Ratio decidendi

The court found that although the delay in filing the answering affidavit was substantial, it was not excessive. The respondent provided a reasonable explanation for the delay, namely ill-health, and demonstrated prima facie prospects of success in the review application. In the interests of fairness, condonation for the late filing was granted. Consequently, the application to have the arbitration award made an order of court was dismissed.

Obiter and limits

  • The court noted that condonation applications should be approached with fairness, especially where ill-health is a contributing factor to the delay.

Court disposition

Condonation for the late filing of the opposing papers is granted. The application to have the award made an order of court is dismissed.

  • Condonation for the late filing of the opposing papers is granted.
  • The application to have the award made an order of court is dismissed.

Source and reliance status

Labour Court

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Judgment text

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Source document

Labour Court

Judgment

[2002] ZALC 129

Sneller Verbatim/ssl

IN THE LABOUR COURT OF SOUTH

AFRICA

(HELD AT BRAAMFONTEIN)

BRAAMFONTEIN CASE NO: J3727/01

2002-03-07

In the matter between

H ELS Applicant

and

ALEC R MEMMEL Respondent

________________

J U D G M E N T

Delivered on 7 March 2002

REVELAS J:

1. In this matter I have considered an application for condonation for the respondent’s answering affidavit. The delay is substantial, but it is not excessive. The prospects of success in succeeding in review application has been prima facie demonstrated by the respondent, (the applicant in the condonation application), and in the circumstances I believe that it would be fair if I were to grant condonation, particularly as the explanation for the delay was caused partially by ill-health.

1.

2. The condonation for the late filing of the opposing papers is thus granted and the application to have the award made an order of court is dismissed.

______

E. Revelas

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