Maseko and Others v M-Tel (Pty) Ltd (J1353/99) [1999] ZALC 84 (1 June 1999)

Maseko and Others v M-Tel (Pty) Ltd (J1353/99) [1999] ZALC 84 (1 June 1999)

The court held that the Registrar's refusal to set down the review application for hearing at the instance of the respondent was misconceived. The Labour Court Rules clearly provide that once the time for replying affidavits has lapsed, the Registrar must allocate a hearing date, regardless of which party requests it. This ensures that neither party can frustrate the proceedings by refusing to set the matter down. The failure to set the matter down prejudiced the applicants both in their attempt to enforce the arbitration award and in opposing the review. The matter has since been set down, rendering the relief sought academic, but the court found it necessary to clarify the correct...

Citation
[1999] ZALC 84
Parties
Applicant: Paul Maseko and Another; Respondent: M-Tel (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 June 1999
Case Number
J1353/99
Procedural Posture
Review Application / Application to Make Arbitration Award an Order of Court; Review Proceedings Pending
Outcome
The relief sought by the applicants has become academic as the review application has now been set down for hearing. No further order is made.
Judges
G J Marcus
Legal Topics
Arbitration Award Enforcement, Review Proceedings, Labour Court Rules, Setting Down Applications
Labour Law Civil Procedure Arbitration Award Enforcement Review Proceedings Labour Court Rules Setting Down Applications

Case Brief

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Parties

Paul Maseko and Another

Applicant

M-Tel (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application to Make Arbitration Award an Order of Court; Review Proceedings Pending

Legal Issues

  1. 1 Whether the Registrar of the Labour Court is obliged to set down a review application for hearing at the instance of the respondent once the time for replying affidavits has lapsed.
  2. 2 Whether the failure to set down the review application frustrates the applicants' rights to enforce the arbitration award and oppose the review.

Ratio Decidendi

The court held that the Registrar's refusal to set down the review application for hearing at the instance of the respondent was misconceived. The Labour Court Rules clearly provide that once the time for replying affidavits has lapsed, the Registrar must allocate a hearing date, regardless of which party requests it. This ensures that neither party can frustrate the proceedings by refusing to set the matter down. The failure to set the matter down prejudiced the applicants both in their attempt to enforce the arbitration award and in opposing the review. The matter has since been set down, rendering the relief sought academic, but the court found it necessary to clarify the correct...

Court Disposition

The relief sought by the applicants has become academic as the review application has now been set down for hearing. No further order is made.