Maphosa v Commission for Conciliation, Mediation and Arbitration and Others (JR568/01) [2003] ZALC 145 (7 February 2003)

Maphosa v Commission for Conciliation, Mediation and Arbitration and Others (JR568/01) [2003] ZALC 145 (7 February 2003)

The court found that the arbitrator's written record was illegible and that there was no transcript or mechanical recording of the proceedings. The arbitrator's reasoning in the award was unclear, particularly regarding the letter relied upon by the applicant. In the absence of a proper record and clear reasoning, the award could not be sustained. The dispute was referred back to the CCMA to be heard afresh by a different arbitrator, with the requirement that the proceedings be properly recorded.

Citation
[2003] ZALC 145
Parties
Applicant: Sam Khumbulani Maphosa; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Grant Sheen; Respondent: A.S.C. Federal Guarding
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 February 2003
Case Number
JR568/01
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is set aside and the dispute is referred back to the CCMA for rehearing before a different arbitrator.
Judges
E Revelas
Legal Topics
Review of Arbitration Award, Record of Proceedings, Section 145 Lra
Labour Law Civil Procedure Review of Arbitration Award Record of Proceedings Section 145 Lra

Case Brief

Summary, issues, holding and outcome

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Parties

Sam Khumbulani Maphosa

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Grant Sheen

Respondent

A.S.C. Federal Guarding

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award of the CCMA should be set aside due to illegible or missing record of proceedings.
  2. 2 Whether the dispute should be referred back to the CCMA for rehearing before a different arbitrator.

Ratio Decidendi

The court found that the arbitrator's written record was illegible and that there was no transcript or mechanical recording of the proceedings. The arbitrator's reasoning in the award was unclear, particularly regarding the letter relied upon by the applicant. In the absence of a proper record and clear reasoning, the award could not be sustained. The dispute was referred back to the CCMA to be heard afresh by a different arbitrator, with the requirement that the proceedings be properly recorded.

Court Disposition

The arbitration award is set aside and the dispute is referred back to the CCMA for rehearing before a different arbitrator.

Orders

  • The arbitration award of the CCMA is set aside.
  • The dispute is referred back to the CCMA to be heard by a different arbitrator.