Mashego v Commission for Conciliation, Mediation and Arbitration and Others (JR 602/15) [2021] ZALCJHB 195 (27 July 2021)

Mashego v Commission for Conciliation, Mediation and Arbitration and Others (JR 602/15) [2021] ZALCJHB 195 (27 July 2021)

The Court found that the applicant failed to file the record within the prescribed 60-day period and did not seek an extension from the respondent or the Court. In terms of clause 11.2.3 of the Practice Manual, the review application is deemed withdrawn. The applicant did not file a substantive application for reinstatement, but instead sought condonation for the late filing of the record, which is impermissible in the absence of reinstatement. The Court declared the review application withdrawn and struck both the review and dismissal applications from the roll. Given the applicant's disregard for the Practice Manual and the interests of justice, the Court ordered the applicant to pay...

Citation
[2021] ZALCJHB 195
Parties
Applicant: Booysen Mfananyana Mashego; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: M Tsatsimpe; Respondent: National Union of Metalworkers of South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 July 2021
Case Number
JR 602/15
Procedural Posture
Review Application / Application to Dismiss Review and Condonation for Late Filing of Record
Outcome
Review application deemed withdrawn; both review and dismissal applications struck from the roll; partial cost order against applicant.
Judges
Prinsloo
Legal Topics
Review Application Delay, Practice Manual Compliance, Condonation, Withdrawal of Application
Labour Law Civil Procedure Review Application Delay Practice Manual Compliance Condonation Withdrawal of Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Booysen Mfananyana Mashego

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

M Tsatsimpe

Respondent

National Union of Metalworkers of South Africa

Respondent

Procedural Posture

Review Application / Application to Dismiss Review and Condonation for Late Filing of Record

Legal Issues

  1. 1 Whether the applicant's review application should be dismissed or declared withdrawn due to undue delay and non-compliance with the Practice Manual.
  2. 2 Whether condonation for the late filing of the record can be granted in the absence of an application to reinstate the withdrawn review application.
  3. 3 Whether a cost order should be made against the applicant.

Ratio Decidendi

The Court found that the applicant failed to file the record within the prescribed 60-day period and did not seek an extension from the respondent or the Court. In terms of clause 11.2.3 of the Practice Manual, the review application is deemed withdrawn. The applicant did not file a substantive application for reinstatement, but instead sought condonation for the late filing of the record, which is impermissible in the absence of reinstatement. The Court declared the review application withdrawn and struck both the review and dismissal applications from the roll. Given the applicant's disregard for the Practice Manual and the interests of justice, the Court ordered the applicant to pay...

Court Disposition

Review application deemed withdrawn; both review and dismissal applications struck from the roll; partial cost order against applicant.

Orders

  • It is declared that in terms of clause 11.2 of the Practice Manual, the review application is deemed to have been withdrawn.
  • The review application is struck from the roll.