Makaringe v Ledwaba and Others (JR2726/12) [2015] ZALCJHB 432 (11 December 2015)

Makaringe v Ledwaba and Others (JR2726/12) [2015] ZALCJHB 432 (11 December 2015)

The court found that the delay in bringing the review application was not excessive and the explanation provided by the applicant was reasonable and acceptable. The applicant had reasonable prospects of success if condonation was granted. The first respondent acted irregularly by relying on material not before him and disregarding the applicant's explanation for the delay. The first respondent's decision was not one that a reasonable decision maker could have reached. Accordingly, condonation for the late filing was granted and the rescission ruling was reviewed and set aside.

Citation
[2015] ZALCJHB 432
Parties
Applicant: Dobbie Makaringe; Respondent: Commissioner Nelson Ledwaba; Respondent: Phenama Trading CC; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 December 2015
Case Number
JR2726/12
Procedural Posture
Review Application / Application for Review and Condonation for Late Filing
Outcome
Condonation for the late filing of the review application is granted. The rescission ruling is reviewed and set aside. No order as to costs.
Judges
M Mthombeni
Legal Topics
Condonation for Late Filing, Rescission of Arbitration Award, Unfair Dismissal, Review of Commissioner Decision
Labour Law Civil Procedure Condonation for Late Filing Rescission of Arbitration Award Unfair Dismissal Review of Commissioner Decision

Case Brief

Summary, issues, holding and outcome

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Parties

Dobbie Makaringe

Applicant

Commissioner Nelson Ledwaba

Respondent

Phenama Trading CC

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Application for Review and Condonation for Late Filing

Legal Issues

  1. 1 Whether condonation for the late filing of the review application should be granted.
  2. 2 Whether the rescission ruling made by the first respondent was irregular and should be set aside.
  3. 3 Whether the first respondent relied on material not properly before him.

Ratio Decidendi

The court found that the delay in bringing the review application was not excessive and the explanation provided by the applicant was reasonable and acceptable. The applicant had reasonable prospects of success if condonation was granted. The first respondent acted irregularly by relying on material not before him and disregarding the applicant's explanation for the delay. The first respondent's decision was not one that a reasonable decision maker could have reached. Accordingly, condonation for the late filing was granted and the rescission ruling was reviewed and set aside.

Court Disposition

Condonation for the late filing of the review application is granted. The rescission ruling is reviewed and set aside. No order as to costs.

Orders

  • Condonation for the late filing of this application is granted.
  • The rescission ruling, dated 10 September 2012, made by the first respondent is reviewed and set aside.