Mangengenene v PPC Cement (Pty) Ltd and Others (JR698/02) [2011] ZALCJHB 31; [2011] 12 BLLR 1198 (LC); (2011) 32 ILJ 2518 (LC (29 April 2011)

Mangengenene v PPC Cement (Pty) Ltd and Others (JR698/02) [2011] ZALCJHB 31; [2011] 12 BLLR 1198 (LC); (2011) 32 ILJ 2518 (LC (29 April 2011)

The court held that the arbitration award issued in April 2002 had prescribed in terms of the Prescription Act, as more than three years had elapsed since the award was made and no action was taken to enforce it within the prescription period. The Labour Court's equitable jurisdiction does not override the clear provisions of the Prescription Act. The applicant's efforts to seek legal assistance and the pending review application did not interrupt prescription. Only specific enforcement actions, such as applying to make the award an order of court or enforcing it under section 143 of the LRA, interrupt prescription. The application to make the award an order of court was brought eight...

Citation
[2011] ZALCJHB 31
Parties
Applicant: Magengenene Mbaleki Frans; Respondent: PPC Cement (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Grace Gaorongwe Sebothoma NO
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 April 2011
Case Number
JR698/02
Procedural Posture
Review Application / Application to Make Arbitration Award an Order of Court; Opposition Based on Prescription
Outcome
Application dismissed on the basis that the arbitration award had prescribed under the Prescription Act.
Judges
Bhoola
Legal Topics
Extinctive Prescription, Arbitration Award Enforcement, Unfair Dismissal, Labour Relations Act, Prescription Act Application
Labour Law Civil Procedure Extinctive Prescription Arbitration Award Enforcement Unfair Dismissal Labour Relations Act Prescription Act Application

Case Brief

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Parties

Magengenene Mbaleki Frans

Applicant

PPC Cement (Pty) Ltd

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Grace Gaorongwe Sebothoma NO

Respondent

Procedural Posture

Review Application / Application to Make Arbitration Award an Order of Court; Opposition Based on Prescription

Legal Issues

  1. 1 Whether the arbitration award issued in April 2002 has prescribed under the Prescription Act.
  2. 2 Whether the applicant's application to make the award an order of court interrupts prescription.
  3. 3 Whether the review application filed by the first respondent interrupts prescription as envisaged by the Prescription Act.

Ratio Decidendi

The court held that the arbitration award issued in April 2002 had prescribed in terms of the Prescription Act, as more than three years had elapsed since the award was made and no action was taken to enforce it within the prescription period. The Labour Court's equitable jurisdiction does not override the clear provisions of the Prescription Act. The applicant's efforts to seek legal assistance and the pending review application did not interrupt prescription. Only specific enforcement actions, such as applying to make the award an order of court or enforcing it under section 143 of the LRA, interrupt prescription. The application to make the award an order of court was brought eight...

Court Disposition

Application dismissed on the basis that the arbitration award had prescribed under the Prescription Act.

Orders

  • The application to make the arbitration award an order of court is dismissed.
  • No order as to costs.