Masilela v Sindawonye Granulators Processors (Pty) Ltd (JS57-17) [2021] ZALCJHB 86 (3 June 2021)

Masilela v Sindawonye Granulators Processors (Pty) Ltd (JS57-17) [2021] ZALCJHB 86 (3 June 2021)

The delay in filing the statement of claim was 13 days, which is not excessive. However, the applicant's explanation for the delay was weak and disputed by the respondent. Critically, the applicant failed to set out any facts or allegations regarding prospects of success in the condonation application, which is an absolute requirement. Additionally, service of the condonation application by email does not comply with the Labour Court Rules. Both defects are fatal to the application. Accordingly, the application for condonation is struck from the roll.

Citation
[2021] ZALCJHB 86
Parties
Applicant: MLUNGISI M MASILELA; Respondent: SINDAWONYE GRANULATORS & PROCESSORS (PTY) LTD
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 June 2021
Case Number
JS57-17
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Statement of Claim
Outcome
Application for condonation struck from the roll due to improper service and failure to set out prospects of success.
Judges
F Coetzee
Legal Topics
Condonation, Late Filing, Service of Process, Prospects of Success
Labour Law Civil Procedure Condonation Late Filing Service of Process Prospects of Success

Case Brief

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Parties

MLUNGISI M MASILELA

Applicant

SINDAWONYE GRANULATORS & PROCESSORS (PTY) LTD

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Statement of Claim

Legal Issues

  1. 1 Whether the applicant's delay in filing and serving the statement of claim should be condoned.
  2. 2 Whether service of the condonation application by email complies with the Rules of the Labour Court.
  3. 3 Whether the applicant has adequately set out prospects of success in the condonation application.

Ratio Decidendi

The delay in filing the statement of claim was 13 days, which is not excessive. However, the applicant's explanation for the delay was weak and disputed by the respondent. Critically, the applicant failed to set out any facts or allegations regarding prospects of success in the condonation application, which is an absolute requirement. Additionally, service of the condonation application by email does not comply with the Labour Court Rules. Both defects are fatal to the application. Accordingly, the application for condonation is struck from the roll.

Court Disposition

Application for condonation struck from the roll due to improper service and failure to set out prospects of success.

Orders

  • The application for condonation is struck from the roll as it has not been served upon the respondent.
  • There is no order as to costs.