Kubheka v Commission for Conciliation, Mediation and Arbitration and Others (JR472/16) [2016] ZALCJHB 510 (15 December 2016)

Kubheka v Commission for Conciliation, Mediation and Arbitration and Others (JR472/16) [2016] ZALCJHB 510 (15 December 2016)

The applicant failed to provide a reasonable and acceptable explanation for the inordinate delay of 175 days in filing the review application. The delay was largely attributable to his mistaken belief regarding the time period and the conduct of his legal advisers, but he did not satisfactorily explain the full period of delay, nor did he challenge the respondent's version on oath. The court found that, in accordance with established principles, prospects of success are immaterial where the delay is not properly explained. Even if considered, the applicant's prospects of success were minimal, as the arbitrator had properly considered the evidence regarding his roles and hierarchy, and the...

Citation
[2016] ZALCJHB 510
Parties
Applicant: Dean Sikhumbuzo Muzomuhle Kubheka; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Dan Pretorius N.O; Respondent: Worley Parsons RSA Proprietary Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 December 2016
Case Number
JR472/16
Procedural Posture
Review Application / Condonation Application for Late Filing of Review
Outcome
Condonation for the late filing of the review application is refused; the review application is dismissed.
Judges
Van Niekerk
Legal Topics
Condonation, Late Filing of Review, Prospects of Success, Practice Manual, Unreasonable Decision, Disciplinary Dismissal
Labour Law Civil Procedure Condonation Late Filing of Review Prospects of Success Practice Manual Unreasonable Decision Disciplinary Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Dean Sikhumbuzo Muzomuhle Kubheka

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Dan Pretorius N.O

Respondent

Worley Parsons RSA Proprietary Limited

Respondent

Procedural Posture

Review Application / Condonation Application for Late Filing of Review

Legal Issues

  1. 1 Whether the applicant has provided a reasonable and acceptable explanation for the inordinate delay in filing the review application.
  2. 2 Whether the applicant's prospects of success in the review application are material given the extent of the delay.
  3. 3 Whether the arbitrator failed to apply her mind to the evidence regarding the applicant's roles and hierarchy within the third respondent.

Ratio Decidendi

The applicant failed to provide a reasonable and acceptable explanation for the inordinate delay of 175 days in filing the review application. The delay was largely attributable to his mistaken belief regarding the time period and the conduct of his legal advisers, but he did not satisfactorily explain the full period of delay, nor did he challenge the respondent's version on oath. The court found that, in accordance with established principles, prospects of success are immaterial where the delay is not properly explained. Even if considered, the applicant's prospects of success were minimal, as the arbitrator had properly considered the evidence regarding his roles and hierarchy, and the...

Court Disposition

Condonation for the late filing of the review application is refused; the review application is dismissed.

Orders

  • Condonation for the late filing of the review application is refused.
  • The review application is dismissed.