Joni and Others v Servest (Pty) Ltd t/a FICA Quality Cleaning Services (C833/05) [2011] ZALCCT 19 (16 August 2011)

Joni and Others v Servest (Pty) Ltd t/a FICA Quality Cleaning Services (C833/05) [2011] ZALCCT 19 (16 August 2011)

The respondent failed to make out a proper case for condonation of the late filing of its statement of response. The founding affidavit did not address the degree of lateness, provide a satisfactory explanation for the delay, or deal with prospects of success. The respondent's attorney's assertion of implied consent was unsupported by evidence. The requirements for condonation, as set out in Melane v Santam Insurance Co Ltd, were not met. The application was brought years after the need for condonation became apparent, with no plausible explanation for the delay. The respondent cannot rely on the negligence of its attorney to avoid the consequences. The application for condonation is...

Citation
[2011] ZALCCT 19
Parties
Applicant: Themba Joni and 82 Others; Respondent: Servest (Pty) Ltd t/a FICA Quality Cleaning Services
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
16 August 2011
Case Number
C833/05
Procedural Posture
Condonation Application / Judgment on Application for Condonation of Late Filing of Statement of Response
Outcome
Application for condonation dismissed with costs.
Judges
Francis
Legal Topics
Condonation, Late Filing of Pleadings, Prospects of Success, Court Discretion, Costs Order
Labour Law Civil Procedure Condonation Late Filing of Pleadings Prospects of Success Court Discretion Costs Order

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Parties

Themba Joni and 82 Others

Applicant

Servest (Pty) Ltd t/a FICA Quality Cleaning Services

Respondent

Procedural Posture

Condonation Application / Judgment on Application for Condonation of Late Filing of Statement of Response

Legal Issues

  1. 1 Whether the respondent has made out a proper case for condonation of the late filing of its statement of response.
  2. 2 Whether the respondent provided a satisfactory explanation for the delay and addressed the prospects of success.
  3. 3 Whether the respondent complied with the requirements for condonation as set out in Melane v Santam Insurance Co Ltd.

Ratio Decidendi

The respondent failed to make out a proper case for condonation of the late filing of its statement of response. The founding affidavit did not address the degree of lateness, provide a satisfactory explanation for the delay, or deal with prospects of success. The respondent's attorney's assertion of implied consent was unsupported by evidence. The requirements for condonation, as set out in Melane v Santam Insurance Co Ltd, were not met. The application was brought years after the need for condonation became apparent, with no plausible explanation for the delay. The respondent cannot rely on the negligence of its attorney to avoid the consequences. The application for condonation is...

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application for condonation is dismissed with costs.