IMATU and Another v Commission for Conciliation Mediation and Arbitration and Others (C504/00) [2001] ZALC 69 (17 May 2001)

IMATU and Another v Commission for Conciliation Mediation and Arbitration and Others (C504/00) [2001] ZALC 69 (17 May 2001)

The Court found that the applicants' withdrawal of the review application was clear and unequivocal, amounting to abandonment of their cause of action. They were not entitled to re-enrol the matter by way of an amended application. Even if the Court were wrong on this point, the delay in filing the amended application and compliance with Rule 7A was excessive and unexplained. The applicants failed to provide reasons for the delay or demonstrate that the transcript was necessary for their grounds of review. On the merits, the Commissioner acted within her discretion in admitting the disciplinary enquiry record as evidence, and the applicants acquiesced to the procedure. No oral evidence...

Citation
[2001] ZALC 69
Parties
Applicant: IMATU; Applicant: Shaheen Bassier; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Sarah Christie NO; Respondent: The Cape Metropolitan Council
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
17 May 2001
Case Number
C504/00
Procedural Posture
Review Application / Application for Condonation of Late Filing of Review
Outcome
Application for condonation dismissed. Costs awarded against the first and second applicants jointly and severally.
Judges
Pillay
Legal Topics
Condonation, Withdrawal of Application, Review of Arbitration Award, Gross Irregularity, Costs Award
Labour Law Civil Procedure Condonation Withdrawal of Application Review of Arbitration Award Gross Irregularity Costs Award

Case Brief

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Parties

IMATU

Applicant

Shaheen Bassier

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Sarah Christie NO

Respondent

The Cape Metropolitan Council

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Filing of Review

Legal Issues

  1. 1 Whether the applicants were entitled to re-enrol the matter after withdrawal of the review application.
  2. 2 Whether the withdrawal amounted to abandonment of the cause of action.
  3. 3 Whether condonation for the late filing of the amended review application should be granted.

Ratio Decidendi

The Court found that the applicants' withdrawal of the review application was clear and unequivocal, amounting to abandonment of their cause of action. They were not entitled to re-enrol the matter by way of an amended application. Even if the Court were wrong on this point, the delay in filing the amended application and compliance with Rule 7A was excessive and unexplained. The applicants failed to provide reasons for the delay or demonstrate that the transcript was necessary for their grounds of review. On the merits, the Commissioner acted within her discretion in admitting the disciplinary enquiry record as evidence, and the applicants acquiesced to the procedure. No oral evidence...

Court Disposition

Application for condonation dismissed. Costs awarded against the first and second applicants jointly and severally.

Orders

  • The application for condonation is dismissed.
  • Costs are awarded in favour of the third respondent, payable by the first and second applicants jointly and severally, the one paying the other to be absolved.