Matsha and Others v Public Health and Social Development Sectoral Bargaining Council and Others (JR2380/2016) [2019] ZALCJHB 128; (2019) 40 ILJ 2565 (LC) (7 June 2019)

Matsha and Others v Public Health and Social Development Sectoral Bargaining Council and Others (JR2380/2016) [2019] ZALCJHB 128; (2019) 40 ILJ 2565 (LC) (7 June 2019)

The applicants failed to prosecute their review application for over two years, despite repeated warnings and opportunities to regularize the delay. They did not file the required record within the prescribed 12-month period, nor did they seek condonation or provide any explanation for the delay. Clause 11.2.7 of the Practice Manual is binding and mandates that review applications must be prosecuted expeditiously; failure to comply results in the application lapsing unless good cause is shown. The applicants did not show good cause or prospects of success, and their conduct was unacceptable. The court has no jurisdiction to entertain a lapsed application in the absence of a substantive...

Citation
[2019] ZALCJHB 128
Parties
Applicant: Selaelo Kenneth Edward Matsha and 2 Others; Respondent: Public Health and Social Development Sectoral Bargaining Council; Respondent: Ronnie Bracks N.O. (as Arbitrator); Respondent: Department of Social Development, Gauteng
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 June 2019
Case Number
JR2380/2016
Procedural Posture
Review Application / Rule 11 Application to Dismiss Review for Delay
Outcome
The third respondent's Rule 11 application to dismiss the applicants' review application is granted. The applicants' review application is dismissed.
Judges
S Snyman
Legal Topics
Unfair Labour Practice, Review Application Delay, Practice Manual Clause 11 2 7, Condonation, Dismissal for Non Prosecution
Labour Law Civil Procedure Unfair Labour Practice Review Application Delay Practice Manual Clause 11 2 7 Condonation Dismissal for Non Prosecution

Case Brief

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Parties

Selaelo Kenneth Edward Matsha and 2 Others

Applicant

Public Health and Social Development Sectoral Bargaining Council

Respondent

Ronnie Bracks N.O. (as Arbitrator)

Respondent

Department of Social Development, Gauteng

Respondent

Procedural Posture

Review Application / Rule 11 Application to Dismiss Review for Delay

Legal Issues

  1. 1 Whether the applicants' excessive delay in prosecuting the review application justifies dismissal of the application.
  2. 2 Whether the applicants have shown good cause or provided a reasonable explanation for the delay.
  3. 3 Whether the Practice Manual clause 11.2.7 is binding and its consequences for non-compliance.

Ratio Decidendi

The applicants failed to prosecute their review application for over two years, despite repeated warnings and opportunities to regularize the delay. They did not file the required record within the prescribed 12-month period, nor did they seek condonation or provide any explanation for the delay. Clause 11.2.7 of the Practice Manual is binding and mandates that review applications must be prosecuted expeditiously; failure to comply results in the application lapsing unless good cause is shown. The applicants did not show good cause or prospects of success, and their conduct was unacceptable. The court has no jurisdiction to entertain a lapsed application in the absence of a substantive...

Court Disposition

The third respondent's Rule 11 application to dismiss the applicants' review application is granted. The applicants' review application is dismissed.

Orders

  • The third respondent's application in terms of Rule 11 to dismiss the applicants' review application is granted.
  • The applicants' review application is consequently dismissed.