Machaba v Department of Roads and Transport (JR2510/17) [2020] ZALCJHB 128 (31 July 2020)

Machaba v Department of Roads and Transport (JR2510/17) [2020] ZALCJHB 128 (31 July 2020)

The court found that the respondent's delay in filing the arbitration record was excessive and the explanation provided, namely attorney negligence, was unsatisfactory. However, the respondent demonstrated strong prospects of success in the review application, which outweighed the prejudice to the applicant and the length of the delay. The court exercised its discretion not to dismiss the review application, granted condonation for the late filing of the record, and also condoned the applicant's late filing of its opposing affidavit as the condonation application was unopposed. Due to the State Attorney's lack of diligence, a punitive costs order was made against it.

Citation
[2020] ZALCJHB 128
Parties
Applicant: Isaiah JM Machaba; Respondent: Department of Roads and Transport
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 July 2020
Case Number
JR2510/17
Procedural Posture
Review Application / Application to Dismiss Review for Want of Prosecution; Application for Condonation for Late Filing of Record
Outcome
Application to dismiss the respondent's review application is dismissed; condonation for late filing of the record and applicant's opposing affidavit is granted; punitive costs order against the State Attorney.
Judges
Boswel
Legal Topics
Condonation, Review of Arbitration Award, Practice Manual Compliance, Unfair Dismissal, Late Filing, Costs Order
Labour Law Civil Procedure Condonation Review of Arbitration Award Practice Manual Compliance Unfair Dismissal Late Filing Costs Order

Case Brief

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Parties

Isaiah JM Machaba

Applicant

Department of Roads and Transport

Respondent

Procedural Posture

Review Application / Application to Dismiss Review for Want of Prosecution; Application for Condonation for Late Filing of Record

Legal Issues

  1. 1 Whether the respondent's review application should be dismissed for want of proper prosecution due to the late filing of the arbitration record.
  2. 2 Whether condonation should be granted for the respondent's late filing of the arbitration record.
  3. 3 Whether the applicant's late filing of its opposing affidavit should be condoned.

Ratio Decidendi

The court found that the respondent's delay in filing the arbitration record was excessive and the explanation provided, namely attorney negligence, was unsatisfactory. However, the respondent demonstrated strong prospects of success in the review application, which outweighed the prejudice to the applicant and the length of the delay. The court exercised its discretion not to dismiss the review application, granted condonation for the late filing of the record, and also condoned the applicant's late filing of its opposing affidavit as the condonation application was unopposed. Due to the State Attorney's lack of diligence, a punitive costs order was made against it.

Court Disposition

Application to dismiss the respondent's review application is dismissed; condonation for late filing of the record and applicant's opposing affidavit is granted; punitive costs order against the State Attorney.

Orders

  • The application to dismiss the respondent’s review application for want of proper prosecution is dismissed.
  • The respondent’s application to condone the late filing of the records of the arbitration proceedings is granted.