Mashigo and Another v Sibeko (Arbitrator) and Others (J1039/07) [2011] ZALCJHB 86 (9 September 2011)

Mashigo and Another v Sibeko (Arbitrator) and Others (J1039/07) [2011] ZALCJHB 86 (9 September 2011)

The court found that the applicants' explanation for the delay in filing the review application was weak, lacking detail, and highly improbable. The applicants failed to provide confirmatory affidavits from their attorneys and did not take reasonable steps to ensure the prosecution of their matter. The prospects of success in the review were found to be slim, as the Arbitrator had reasonably concluded that the delay in referring the dismissal dispute to the Bargaining Council was excessive and unexplained. The grounds of review advanced by the applicants were without merit, and the Arbitrator's decision was reasonable and justified on the evidence before him. The court held that the...

Citation
[2011] ZALCJHB 86
Parties
Applicant: Martin Puleng Mashigo; Applicant: Sipho Norma Skosana; Respondent: Z.S Sibeko (Arbitrator); Respondent: Safety & Sectoral Bargaining Council; Respondent: Minister of Safety & Security; Respondent: South African Police Service and Other
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 September 2011
Case Number
J1039/07
Procedural Posture
Review Application / Application for Condonation in Review Proceedings
Outcome
Application for condonation for the late filing of the review application is dismissed with costs.
Judges
Reddy
Legal Topics
Condonation, Late Referral, Review of Arbitration Award, Prospects of Success, Delay Explanation
Labour Law Civil Procedure Condonation Late Referral Review of Arbitration Award Prospects of Success Delay Explanation

Case Brief

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Parties

Martin Puleng Mashigo

Applicant

Sipho Norma Skosana

Applicant

Z.S Sibeko (Arbitrator)

Respondent

Safety & Sectoral Bargaining Council

Respondent

Minister of Safety & Security

Respondent

South African Police Service and Other

Respondent

Procedural Posture

Review Application / Application for Condonation in Review Proceedings

Legal Issues

  1. 1 Whether the applicants provided a satisfactory explanation for the lengthy delay in filing the review application.
  2. 2 Whether the applicants have reasonable prospects of success in the review of the arbitration award dismissing their condonation application.
  3. 3 Whether the Arbitrator's decision to dismiss the condonation application was reasonable and justified on the evidence before him.

Ratio Decidendi

The court found that the applicants' explanation for the delay in filing the review application was weak, lacking detail, and highly improbable. The applicants failed to provide confirmatory affidavits from their attorneys and did not take reasonable steps to ensure the prosecution of their matter. The prospects of success in the review were found to be slim, as the Arbitrator had reasonably concluded that the delay in referring the dismissal dispute to the Bargaining Council was excessive and unexplained. The grounds of review advanced by the applicants were without merit, and the Arbitrator's decision was reasonable and justified on the evidence before him. The court held that the...

Court Disposition

Application for condonation for the late filing of the review application is dismissed with costs.

Orders

  • The application for condonation for the late filing of the review application is dismissed.
  • The applicants are to pay the costs of the fourth respondent.