Masote and Another v Government Pensions Administration Agency and Others (JR2415/13) [2014] ZALCJHB 465 (14 November 2014)

Masote and Another v Government Pensions Administration Agency and Others (JR2415/13) [2014] ZALCJHB 465 (14 November 2014)

The court found that there was an excessive and unreasonable delay in the prosecution of the review application by the first respondent, attributable to gross negligence by its attorneys. However, the applicants did not demonstrate that the first respondent was placed on terms or provide evidence of correspondence to that effect. Given the nature of the charges and the absence of such steps, the court declined to exercise its discretion to dismiss the review application. The application to make the arbitration award an order of court was deferred to be heard together with the review application. The first respondent's negligence warranted a punitive costs order.

Citation
[2014] ZALCJHB 465
Parties
Applicant: Regina Masote; Applicant: Bethuel Maimela; Respondent: Government Pensions Administration Agency; Respondent: GPSSBC; Respondent: Dreyer L (N.O.)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 November 2014
Case Number
JR2415/13
Procedural Posture
Review Application / Application to Dismiss Review and to Make Arbitration Award an Order of Court
Outcome
The Rule 11 application to dismiss the review is dismissed. The application to make the arbitration award an order of court is to be heard with the review application. The first respondent is ordered to pay costs on an attorney and own client scale.
Judges
Rabkin-Naicker
Legal Topics
Review of Arbitration Award, Delay in Prosecution, Rule 11 Application, Section 158 1 C Application, Costs Order
Labour Law Civil Procedure Review of Arbitration Award Delay in Prosecution Rule 11 Application Section 158 1 C Application Costs Order

Case Brief

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Parties

Regina Masote

Applicant

Bethuel Maimela

Applicant

Government Pensions Administration Agency

Respondent

GPSSBC

Respondent

Dreyer L (N.O.)

Respondent

Procedural Posture

Review Application / Application to Dismiss Review and to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the review application by the first respondent should be dismissed due to unreasonable delay.
  2. 2 Whether the arbitration award should be made an order of court under section 158(1)(c).
  3. 3 Whether a punitive costs order should be granted against the first respondent.

Ratio Decidendi

The court found that there was an excessive and unreasonable delay in the prosecution of the review application by the first respondent, attributable to gross negligence by its attorneys. However, the applicants did not demonstrate that the first respondent was placed on terms or provide evidence of correspondence to that effect. Given the nature of the charges and the absence of such steps, the court declined to exercise its discretion to dismiss the review application. The application to make the arbitration award an order of court was deferred to be heard together with the review application. The first respondent's negligence warranted a punitive costs order.

Court Disposition

The Rule 11 application to dismiss the review is dismissed. The application to make the arbitration award an order of court is to be heard with the review application. The first respondent is ordered to pay costs on an attorney and own client scale.

Orders

  • The Rule 11 application is dismissed.
  • The registrar is directed to set down the application in terms of section 158(1)(c) with the review application under case number JR2415/13.