Imperial Retail Logistics (PTY) Ltd v Marawa (C471/2016) [2022] ZALCCT 34 (30 June 2022)

Imperial Retail Logistics (PTY) Ltd v Marawa (C471/2016) [2022] ZALCCT 34 (30 June 2022)

The court found that it was inappropriate to proceed with the hearing in the absence of the third respondent, Mr Malangeni, and his attorneys. The absence of the attorneys of record, without any explanation or notice of withdrawal, prejudiced both their client and the efficient administration of justice. As a result, the matter was postponed sine die, and the third respondent's attorneys were ordered to pay the wasted costs of the day de bonis propriis. The attorneys were afforded an opportunity to object to the costs order within seven court days from the date the judgment was brought to their attention.

Citation
[2022] ZALCCT 34
Parties
Applicant: Imperial Retail Logistics (PTY) Ltd; Respondent: Marawa, M N.O.; Respondent: National Bargaining Council for the Road Freight & Logistics Industry; Respondent: Malangeni, L
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
30 June 2022
Case Number
C471/2016
Procedural Posture
Review Application / Opposed Review and Condonation Application
Outcome
The matter was postponed sine die. The third respondent's attorneys of record were ordered to pay the wasted costs of the day de bonis propriis, with an opportunity to object within seven court days.
Judges
Van Voore
Legal Topics
Unfair Dismissal, Arbitration Award Review, Condonation, Reinstatement, Costs Order
Labour Law Civil Procedure Unfair Dismissal Arbitration Award Review Condonation Reinstatement Costs Order

Case Brief

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Parties

Imperial Retail Logistics (PTY) Ltd

Applicant

Marawa, M N.O.

Respondent

National Bargaining Council for the Road Freight & Logistics Industry

Respondent

Malangeni, L

Respondent

Procedural Posture

Review Application / Opposed Review and Condonation Application

Legal Issues

  1. 1 Whether the court should proceed in the absence of the third respondent and his attorneys.
  2. 2 Whether the absence of the third respondent's attorneys prejudices the interests of their client and the administration of justice.
  3. 3 Whether a costs order de bonis propriis should be made against the third respondent's attorneys.

Ratio Decidendi

The court found that it was inappropriate to proceed with the hearing in the absence of the third respondent, Mr Malangeni, and his attorneys. The absence of the attorneys of record, without any explanation or notice of withdrawal, prejudiced both their client and the efficient administration of justice. As a result, the matter was postponed sine die, and the third respondent's attorneys were ordered to pay the wasted costs of the day de bonis propriis. The attorneys were afforded an opportunity to object to the costs order within seven court days from the date the judgment was brought to their attention.

Court Disposition

The matter was postponed sine die. The third respondent's attorneys of record were ordered to pay the wasted costs of the day de bonis propriis, with an opportunity to object within seven court days.

Orders

  • The matter is postponed sine die.
  • The third respondent's attorneys of record are ordered to pay the wasted costs of the day de bonis propriis.