Kwani v Commission for Conciliation, Mediation and Arbitration and Others (PR09/13) [2015] ZALCPE 67 (11 December 2015)

Kwani v Commission for Conciliation, Mediation and Arbitration and Others (PR09/13) [2015] ZALCPE 67 (11 December 2015)

The applicant failed to make any submissions regarding his prospects of success in the review application, which is a critical requirement for condonation. Additionally, the Legal Aid office did not guarantee payment for the transcription of the arbitration record, creating uncertainty about whether the review could proceed even if reinstated. The applicant did not fully explain the delay nor provide evidence of his financial incapacity. These defects are fatal to the application, and the absence of prospects of success precludes the granting of condonation and reinstatement.

Citation
[2015] ZALCPE 67
Parties
Applicant: Khayalethu Raymond Kwani; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Riaan de Lange N.O; Respondent: Schnellecke South Africa (Pty) Ltd
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
11 December 2015
Case Number
PR09/13
Procedural Posture
Review Application / Application for Reinstatement and Condonation of Withdrawn Review
Outcome
Application dismissed.
Judges
Lallie
Legal Topics
Condonation, Practice Manual, Prospects of Success, Unfair Dismissal, Review Application
Labour Law Civil Procedure Condonation Practice Manual Prospects of Success Unfair Dismissal Review Application

Case Brief

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Parties

Khayalethu Raymond Kwani

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Riaan de Lange N.O

Respondent

Schnellecke South Africa (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Reinstatement and Condonation of Withdrawn Review

Legal Issues

  1. 1 Whether the applicant has established good cause for condonation and reinstatement of the withdrawn review application.
  2. 2 Whether the applicant's failure to make averments on prospects of success is fatal to the application.
  3. 3 Whether the absence of a guarantee for payment of transcription costs defeats the purpose of reinstatement.

Ratio Decidendi

The applicant failed to make any submissions regarding his prospects of success in the review application, which is a critical requirement for condonation. Additionally, the Legal Aid office did not guarantee payment for the transcription of the arbitration record, creating uncertainty about whether the review could proceed even if reinstated. The applicant did not fully explain the delay nor provide evidence of his financial incapacity. These defects are fatal to the application, and the absence of prospects of success precludes the granting of condonation and reinstatement.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.