Mbatha v Lyster NO and Others (D264/99) [2000] ZALC 5 (10 February 2000)

Mbatha v Lyster NO and Others (D264/99) [2000] ZALC 5 (10 February 2000)

The court held that the review application was not properly brought within the six-week period prescribed by section 33(2) of the Arbitration Act, as it was only served on the third respondent eight weeks after publication of the award. Both the statutory provisions and the Labour Court Rules require that an application be delivered, meaning filed and served, on all interested parties. The absence of service within the prescribed period rendered the application defective. Furthermore, no substantive application for condonation was made, nor was any explanation provided for the delay, despite the applicant being alerted to this requirement. In the absence of condonation and a compelling...

Citation
[2000] ZALC 5
Parties
Applicant: W Mbatha; Respondent: R Lyster N.O.; Respondent: Independent Mediation Services of S.A.; Respondent: Durban Metro Council
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 February 2000
Case Number
D264/99
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Basson
Legal Topics
Arbitration Review, Unfair Dismissal, Condonation, Prescription Period, Service of Process
Labour Law Civil Procedure Arbitration Review Unfair Dismissal Condonation Prescription Period Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

W Mbatha

Applicant

R Lyster N.O.

Respondent

Independent Mediation Services of S.A.

Respondent

Durban Metro Council

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the review application was brought within the prescribed six-week period under section 33(2) of the Arbitration Act.
  2. 2 Whether the application was properly served on all interested parties as required by the Rules of the Labour Court.
  3. 3 Whether condonation for late service could be granted in the absence of a substantive application and explanation.

Ratio Decidendi

The court held that the review application was not properly brought within the six-week period prescribed by section 33(2) of the Arbitration Act, as it was only served on the third respondent eight weeks after publication of the award. Both the statutory provisions and the Labour Court Rules require that an application be delivered, meaning filed and served, on all interested parties. The absence of service within the prescribed period rendered the application defective. Furthermore, no substantive application for condonation was made, nor was any explanation provided for the delay, despite the applicant being alerted to this requirement. In the absence of condonation and a compelling...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.