Hlubi v Mthethwa and Others (JR590/2018) [2021] ZALCJHB 258 (30 August 2021)

Hlubi v Mthethwa and Others (JR590/2018) [2021] ZALCJHB 258 (30 August 2021)

The applicant failed to provide a reasonable and convincing explanation for the three-month delay in filing the transcribed record. The explanation for the period between receipt of the transcript and its eventual filing was inadequate. The applicant's attorney disregarded the provisions of the Practice Manual despite being repeatedly notified, which amounted to a deliberate disregard. The absence of a proper explanation precluded consideration of prospects of success, and the applicant did not demonstrate strong prospects in any event. The interests of justice do not support reviving a matter relating to a dismissal five years prior. Accordingly, the application to revive the review and...

Citation
[2021] ZALCJHB 258
Parties
Applicant: Alinah Hlubi; Respondent: B S Mthethwa; Respondent: General Public Service Sector Bargaining Council; Respondent: Department of Environmental Affairs
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 August 2021
Case Number
JR590/2018
Procedural Posture
Review Application / Application to Revive Review and Condone Late Filing of Record
Outcome
Application to revive the review and condone late filing of the record dismissed with costs.
Judges
F. Coetzee
Legal Topics
Condonation, Practice Manual, Review Application, Late Filing, Revival of Application
Labour Law Civil Procedure Condonation Practice Manual Review Application Late Filing Revival of Application

Case Brief

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Parties

Alinah Hlubi

Applicant

B S Mthethwa

Respondent

General Public Service Sector Bargaining Council

Respondent

Department of Environmental Affairs

Respondent

Procedural Posture

Review Application / Application to Revive Review and Condone Late Filing of Record

Legal Issues

  1. 1 Whether the applicant has provided a reasonable explanation for the late filing of the transcribed record.
  2. 2 Whether the review application should be revived after being deemed withdrawn under the Practice Manual.
  3. 3 Whether condonation for the late filing of the record should be granted.

Ratio Decidendi

The applicant failed to provide a reasonable and convincing explanation for the three-month delay in filing the transcribed record. The explanation for the period between receipt of the transcript and its eventual filing was inadequate. The applicant's attorney disregarded the provisions of the Practice Manual despite being repeatedly notified, which amounted to a deliberate disregard. The absence of a proper explanation precluded consideration of prospects of success, and the applicant did not demonstrate strong prospects in any event. The interests of justice do not support reviving a matter relating to a dismissal five years prior. Accordingly, the application to revive the review and...

Court Disposition

Application to revive the review and condone late filing of the record dismissed with costs.

Orders

  • The application is dismissed with costs.