Mazibuko v Information Regulator (South Africa) and Others (JS 482/2022) [2023] ZALCJHB 80 (23 March 2023)

Mazibuko v Information Regulator (South Africa) and Others (JS 482/2022) [2023] ZALCJHB 80 (23 March 2023)

The court found that the applicant's claims of unfair discrimination were based on discrete incidents occurring on specified dates in 2021. The referral to the CCMA was made outside the six-month period prescribed by section 10(2) of the Employment Equity Act, and no application for condonation was made. As a result, the CCMA lacked jurisdiction to conciliate the dispute, and the Labour Court consequently lacked jurisdiction to adjudicate the matter. The jurisdictional objection raised by the first respondent was upheld, and the referral was dismissed for want of jurisdiction. The court did not consider the respondent's further argument regarding the excipiability of the claim, as the...

Citation
[2023] ZALCJHB 80
Parties
Applicant: Xolani Eric Mazibuko; Respondent: Information Regulator (South Africa); Respondent: Mr M Masala N.O.; Respondent: The Office of the Republic of South Africa; Respondent: President Cyril Ramaphosa N.O.; Respondent: Speaker of the National Assembly Mrs Nosiviwe Nqakula; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mr Cameron Morajane N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 March 2023
Case Number
JS 482/2022
Procedural Posture
Civil Jurisdictional Objection / Points in Limine; Jurisdictional Challenge
Outcome
Referral dismissed for want of jurisdiction; applicant to pay wasted costs occasioned by the postponement.
Judges
Van Niekerk
Legal Topics
Employment Equity Act, Unfair Discrimination, Jurisdiction of Ccma, Condonation, Cause of Action
Labour Law Employment Equity Act Unfair Discrimination Jurisdiction of Ccma Condonation Cause of Action

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Parties

Xolani Eric Mazibuko

Applicant

Information Regulator (South Africa)

Respondent

Mr M Masala N.O.

Respondent

The Office of the Republic of South Africa

Respondent

President Cyril Ramaphosa N.O.

Respondent

Speaker of the National Assembly Mrs Nosiviwe Nqakula

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Mr Cameron Morajane N.O.

Respondent

Procedural Posture

Civil Jurisdictional Objection / Points in Limine; Jurisdictional Challenge

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the applicant's claim given the late referral to the CCMA without condonation.
  2. 2 Whether the applicant's statement of claim discloses a cause of action for unfair discrimination.

Ratio Decidendi

The court found that the applicant's claims of unfair discrimination were based on discrete incidents occurring on specified dates in 2021. The referral to the CCMA was made outside the six-month period prescribed by section 10(2) of the Employment Equity Act, and no application for condonation was made. As a result, the CCMA lacked jurisdiction to conciliate the dispute, and the Labour Court consequently lacked jurisdiction to adjudicate the matter. The jurisdictional objection raised by the first respondent was upheld, and the referral was dismissed for want of jurisdiction. The court did not consider the respondent's further argument regarding the excipiability of the claim, as the...

Court Disposition

Referral dismissed for want of jurisdiction; applicant to pay wasted costs occasioned by the postponement.

Orders

  • The applicant’s referral is dismissed for want of jurisdiction.
  • The applicant is to pay the wasted costs occasioned by the postponement on 22 March 2023.