J & G Service Station and Another v Madiba and Another (JS100/04) [2007] ZALC 22 (3 April 2007)

J & G Service Station and Another v Madiba and Another (JS100/04) [2007] ZALC 22 (3 April 2007)

The applicants failed to provide a reasonable and acceptable explanation for the excessive delay of 228 days in bringing the application for rescission. Their version that the respondents abandoned their claims is improbable and contradicted by documentary evidence and the respondents' consistent conduct in seeking enforcement of the court order. The applicants did not take reasonable steps to confirm the status of the dispute and only acted when faced with contempt proceedings. Furthermore, the applicants have not demonstrated prospects of success on the merits, as their defence regarding the dismissal for participation in an unprotected strike is unsupported by evidence. In the...

Citation
[2007] ZALC 22
Parties
Applicant: J & G Service Station; Applicant: Piet du Toit; Respondent: David Mashego Madiba; Respondent: Johannes Mataweng Maibelo
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
3 April 2007
Case Number
JS100/04
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Rescission and Response
Outcome
Application for condonation dismissed with costs.
Judges
L P Tlaletsi
Legal Topics
Condonation, Rescission of Judgment, Unfair Dismissal, Default Judgment
Labour Law Civil Procedure Condonation Rescission of Judgment Unfair Dismissal Default Judgment

Case Brief

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Parties

J & G Service Station

Applicant

Piet du Toit

Applicant

David Mashego Madiba

Respondent

Johannes Mataweng Maibelo

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Rescission and Response

Legal Issues

  1. 1 Whether the applicants have shown good cause for condonation of the late filing of the application for rescission of judgment.
  2. 2 Whether the applicants have provided a reasonable explanation for the delay in bringing the application.
  3. 3 Whether there are prospects of success on the merits of the rescission application.

Ratio Decidendi

The applicants failed to provide a reasonable and acceptable explanation for the excessive delay of 228 days in bringing the application for rescission. Their version that the respondents abandoned their claims is improbable and contradicted by documentary evidence and the respondents' consistent conduct in seeking enforcement of the court order. The applicants did not take reasonable steps to confirm the status of the dispute and only acted when faced with contempt proceedings. Furthermore, the applicants have not demonstrated prospects of success on the merits, as their defence regarding the dismissal for participation in an unprotected strike is unsupported by evidence. In the...

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application for condonation is dismissed.
  • The applicants are ordered to pay the second respondents' costs jointly and severally, the one paying the other to be absolved.