Madikane and Others v Bantwini and Others (P403/11) [2018] ZALCPE 25 (3 October 2018)

Madikane and Others v Bantwini and Others (P403/11) [2018] ZALCPE 25 (3 October 2018)

The applicant failed to prosecute its review application for a period of four years without providing a reasonable or substantiated explanation for the delay. The applicant did not act with the required urgency or diligence, despite being afforded opportunities and directives by the court to do so. The delay prejudiced the respondents, who were denied the benefit of the arbitration award. The court found that the applicant's conduct justified the dismissal of the review application and a costs order in favour of the third respondent. Condonation for the late filing of the answering affidavit was granted, but the substantive application to review and set aside the arbitration award was...

Citation
[2018] ZALCPE 25
Parties
Applicant: IMATU OBO Madikane and 2 Others; Respondent: Ms Fiath Ncumisa Bantwini; Respondent: The South African Local Government Bargaining Council; Respondent: Ingquza Hill Local Municipality
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
3 October 2018
Case Number
P403/11
Procedural Posture
Review Application / Application to Dismiss Review for Unreasonable Delay
Outcome
Application to review and set aside the arbitration award dismissed with costs.
Judges
Z Lallie
Legal Topics
Unreasonable Delay, Review of Arbitration Award, Condonation, Practice Manual Compliance
Labour Law Civil Procedure Unreasonable Delay Review of Arbitration Award Condonation Practice Manual Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

IMATU OBO Madikane and 2 Others

Applicant

Ms Fiath Ncumisa Bantwini

Respondent

The South African Local Government Bargaining Council

Respondent

Ingquza Hill Local Municipality

Respondent

Procedural Posture

Review Application / Application to Dismiss Review for Unreasonable Delay

Legal Issues

  1. 1 Whether the applicant's unexplained delay of four years in prosecuting the review application justifies its dismissal.
  2. 2 Whether condonation should be granted for the late filing of the answering affidavit.
  3. 3 Whether the applicant's conduct prejudiced the respondents and frustrated compliance with the arbitration award.

Ratio Decidendi

The applicant failed to prosecute its review application for a period of four years without providing a reasonable or substantiated explanation for the delay. The applicant did not act with the required urgency or diligence, despite being afforded opportunities and directives by the court to do so. The delay prejudiced the respondents, who were denied the benefit of the arbitration award. The court found that the applicant's conduct justified the dismissal of the review application and a costs order in favour of the third respondent. Condonation for the late filing of the answering affidavit was granted, but the substantive application to review and set aside the arbitration award was...

Court Disposition

Application to review and set aside the arbitration award dismissed with costs.

Orders

  • The late filing of the answering affidavit is condoned.
  • The application to review and set aside the first respondent's arbitration award under case number ECD050913 dated 23 June 2010 is dismissed with costs.