Mashiane v Safety and Security Sectoral Bargaining Council and Others (JR1623/21) [2024] ZALCJHB 432 (13 November 2024)

Mashiane v Safety and Security Sectoral Bargaining Council and Others (JR1623/21) [2024] ZALCJHB 432 (13 November 2024)

The applicant failed to file the complete record of the arbitration proceedings within the prescribed period and did not obtain the respondent's consent or seek direction from the Judge President. The new Labour Court rules, which came into effect on 17 July 2024, repealed the Practice Manual and previous rules,...

Source-derived case information.

Citation
[2024] ZALCJHB 432
Parties
Applicant: Total Mashiane; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: Commissioner L Naidoo; Respondent: South African Police Service
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 November 2024
Case Number
JR1623/21
Procedural Posture
Review Application / Determination of Points in Limine and Review Application Withdrawal
Outcome
The review application is deemed withdrawn in terms of rule 37(15) of the Labour Court rules.
Judges
M Naidoo
Legal Topics
Review of Arbitration Award, Filing of Record, Practice Manual Repeal, Labour Court Rules, Condonation Application
Labour Law Civil Procedure Review of Arbitration Award Filing of Record Practice Manual Repeal Labour Court Rules Condonation Application

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Summary, issues, holding and outcome

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Parties

Total Mashiane

Applicant

Safety and Security Sectoral Bargaining Council

Respondent

Commissioner L Naidoo

Respondent

South African Police Service

Respondent

Procedural Posture

Review Application / Determination of Points in Limine and Review Application Withdrawal

Legal Issues

  1. 1 Whether the applicant's failure to file the complete record within the prescribed period results in the review application being deemed withdrawn.
  2. 2 Whether the repealed Practice Manual can be enforced after the commencement of new Labour Court rules.
  3. 3 Whether the applicant is entitled to reinstatement of the review application.

Ratio Decidendi

The applicant failed to file the complete record of the arbitration proceedings within the prescribed period and did not obtain the respondent's consent or seek direction from the Judge President. The new Labour Court rules, which came into effect on 17 July 2024, repealed the Practice Manual and previous rules, leaving no discretion for the court to enforce the repealed provisions. The factual enquiry under rule 37(12) and (15) confirms that the complete record was not filed, and no extension was sought. Consequently, the review application is deemed withdrawn. The applicant retains the right to apply for reinstatement under rule 37(18). No order as to costs is warranted given the...

Court Disposition

The review application is deemed withdrawn in terms of rule 37(15) of the Labour Court rules.

Orders

  • The SAPS's first point in limine is upheld.
  • The applicant’s review application is deemed withdrawn in terms of rule 37(15) of the Labour Court rules.