Lehumanego v Transnet Bargaining Council And Others (JR 2767/18) [2023] ZALCJHB 73 (17 February 2023)

Lehumanego v Transnet Bargaining Council And Others (JR 2767/18) [2023] ZALCJHB 73 (17 February 2023)

The court found that the delay in filing the arbitration records was not excessive and was primarily attributable to the applicant's legal representatives rather than the applicant himself. The interests of justice required that the review application be reinstated, as the applicant demonstrated continued interest in pursuing the matter and the delay was minimal. The application for condonation for the late delivery of the replying affidavit was granted, as its contents did not prejudice the respondents. However, the application to file a supplementary affidavit was refused due to the lack of a reasonable explanation and the potential prejudice to the respondent. The court emphasized that...

Citation
[2023] ZALCJHB 73
Parties
Applicant: Lehumanego T.R.; Respondent: Transnet Bargaining Council; Respondent: J. Mashika N.O.; Respondent: Transnet Freight Rail (Northern Cape)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 February 2023
Case Number
JR 2767/18
Procedural Posture
Review Application / Application for Reinstatement and Condonation in Review Proceedings
Outcome
The review application is reinstated; condonation for late delivery of the replying affidavit is granted; application for supplementary affidavit is refused; no order as to costs.
Judges
Mabaso
Legal Topics
Condonation, Reinstatement of Review, Late Filing of Affidavits, Practice Manual Compliance, Attorney Negligence
Labour Law Civil Procedure Condonation Reinstatement of Review Late Filing of Affidavits Practice Manual Compliance Attorney Negligence

Case Brief

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Parties

Lehumanego T.R.

Applicant

Transnet Bargaining Council

Respondent

J. Mashika N.O.

Respondent

Transnet Freight Rail (Northern Cape)

Respondent

Procedural Posture

Review Application / Application for Reinstatement and Condonation in Review Proceedings

Legal Issues

  1. 1 Whether the review application should be reinstated after being deemed withdrawn due to late filing of arbitration records.
  2. 2 Whether condonation should be granted for the late delivery of the Rule 7A(8) notice and replying affidavit.
  3. 3 Whether the applicant should be permitted to file a supplementary affidavit at a late stage.

Ratio Decidendi

The court found that the delay in filing the arbitration records was not excessive and was primarily attributable to the applicant's legal representatives rather than the applicant himself. The interests of justice required that the review application be reinstated, as the applicant demonstrated continued interest in pursuing the matter and the delay was minimal. The application for condonation for the late delivery of the replying affidavit was granted, as its contents did not prejudice the respondents. However, the application to file a supplementary affidavit was refused due to the lack of a reasonable explanation and the potential prejudice to the respondent. The court emphasized that...

Court Disposition

The review application is reinstated; condonation for late delivery of the replying affidavit is granted; application for supplementary affidavit is refused; no order as to costs.

Orders

  • The review application under the above case number is reinstated.
  • The application for delivery of the supplementary affidavit is refused.