Makuse v Commission for Conciliation, Mediation And Arbitration and Others (JR2795/11) [2015] ZALCJHB 265; [2015] 12 BLLR 1216 (LC); (2016) 37 ILJ 163 (LC) (18 August 2015)

Makuse v Commission for Conciliation, Mediation And Arbitration and Others (JR2795/11) [2015] ZALCJHB 265; [2015] 12 BLLR 1216 (LC); (2016) 37 ILJ 163 (LC) (18 August 2015)

The court held that the applicant's eight-month delay in filing the review application was egregious and far exceeded the statutory six-week period. The explanation provided was wholly inadequate, lacking substance and detail, and failed to demonstrate that the applicant was free from blame. The absence of confirmatory affidavits and critical facts rendered the explanation unacceptable. In line with established precedent, where there is a flagrant or gross failure to comply with the rules, condonation may be refused without considering prospects of success. The court applied strict scrutiny and found that the applicant had not met the stringent requirements for condonation. Consequently,...

Citation
[2015] ZALCJHB 265
Parties
Applicant: Tladi Jacobeth Makuse; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Francois van der Merwe; Respondent: Independent Communication Authority of South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 August 2015
Case Number
JR2795/11
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review
Outcome
Condonation for late filing of the review application is refused; the review application is dismissed with costs.
Judges
Myburgh
Legal Topics
Condonation, Late Filing of Review, Strict Scrutiny, Labour Relations Act, Finality in Litigation
Labour Law Civil Procedure Condonation Late Filing of Review Strict Scrutiny Labour Relations Act Finality in Litigation

Case Brief

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Parties

Tladi Jacobeth Makuse

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Francois van der Merwe

Respondent

Independent Communication Authority of South Africa

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review

Legal Issues

  1. 1 Whether condonation should be granted for an eight-month delay in filing a section 145 review application.
  2. 2 Whether the applicant provided a compelling explanation for the delay.
  3. 3 Whether prospects of success are relevant where the delay is egregious and unexplained.

Ratio Decidendi

The court held that the applicant's eight-month delay in filing the review application was egregious and far exceeded the statutory six-week period. The explanation provided was wholly inadequate, lacking substance and detail, and failed to demonstrate that the applicant was free from blame. The absence of confirmatory affidavits and critical facts rendered the explanation unacceptable. In line with established precedent, where there is a flagrant or gross failure to comply with the rules, condonation may be refused without considering prospects of success. The court applied strict scrutiny and found that the applicant had not met the stringent requirements for condonation. Consequently,...

Court Disposition

Condonation for late filing of the review application is refused; the review application is dismissed with costs.

Orders

  • The application for condonation is dismissed.
  • The review application is accordingly dismissed.