Gamede and Another v Masege NO and Others (JR1189/13; JR487/13) [2018] ZALCJHB 227 (8 June 2018)

Gamede and Another v Masege NO and Others (JR1189/13; JR487/13) [2018] ZALCJHB 227 (8 June 2018)

The applicants failed to provide a satisfactory and comprehensive explanation for the delay in filing both the review application and the condonation application. The delay was significant and unexplained for substantial periods. The authorities establish that, in the absence of a reasonable explanation for the delay, prospects of success are immaterial. Even if considered, the prospects of success were poor, as the arbitrator's award was reasonable and based on the evidence. The prejudice to the third respondent from further delay and the potential loss of evidence outweighed any prejudice to the applicants. Accordingly, condonation was refused and the review application dismissed.

Citation
[2018] ZALCJHB 227
Parties
Applicant: Authority Siphosethu Gamede; Applicant: Vincent Hlubi; Respondent: Commissioner Adv K Masege N.O; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: South African Police Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 June 2018
Case Number
JR1189/13; JR487/13
Procedural Posture
Review Application / Application for Condonation of Late Filing of Review; Review of Arbitration Award
Outcome
Condonation for the late filing of the review application is refused; the review application is dismissed.
Judges
Van Niekerk
Legal Topics
Condonation, Review of Arbitration Award, Unfair Dismissal, Late Filing, Prejudice, Prospects of Success
Labour Law Civil Procedure Condonation Review of Arbitration Award Unfair Dismissal Late Filing Prejudice Prospects of Success

Case Brief

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Parties

Authority Siphosethu Gamede

Applicant

Vincent Hlubi

Applicant

Commissioner Adv K Masege N.O

Respondent

Safety and Security Sectoral Bargaining Council

Respondent

South African Police Services

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Filing of Review; Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicants provided a satisfactory explanation for the delay in filing the review application.
  2. 2 Whether condonation for the late filing of the review application should be granted.
  3. 3 Whether the prospects of success in the review application justify condonation.

Ratio Decidendi

The applicants failed to provide a satisfactory and comprehensive explanation for the delay in filing both the review application and the condonation application. The delay was significant and unexplained for substantial periods. The authorities establish that, in the absence of a reasonable explanation for the delay, prospects of success are immaterial. Even if considered, the prospects of success were poor, as the arbitrator's award was reasonable and based on the evidence. The prejudice to the third respondent from further delay and the potential loss of evidence outweighed any prejudice to the applicants. Accordingly, condonation was refused and the review application dismissed.

Court Disposition

Condonation for the late filing of the review application is refused; the review application is dismissed.

Orders

  • Condonation for the late filing of the review application is refused.
  • The review application is dismissed.