Mbinyashe v Metal and Engineering Industries Bargaining Council and Others (C 1163/2018) [2021] ZALCCT 1 (25 February 2021)

Mbinyashe v Metal and Engineering Industries Bargaining Council and Others (C 1163/2018) [2021] ZALCCT 1 (25 February 2021)

The court found that the applicant failed to comply with the Labour Court Practice Manual by not filing and serving the record within the prescribed timeframes and not serving the record on the attorneys of record as required. The application lapsed and was archived in terms of clause 11.2.7, and no affidavit was...

Source-derived case information.

Citation
[2021] ZALCCT 1
Parties
Applicant: Luvuyo Mbinyashe; Respondent: Metal and Engineering Industries Bargaining Council; Respondent: Commissioner Hanneli Bendrman N.O; Respondent: Safintra Roofing South Africa Proprietary Limited
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
25 February 2021
Case Number
C 1163/2018
Procedural Posture
Review Application / Application Struck Off the Roll Due to Lapse and Archive in Terms of Practice Manual
Outcome
Application struck off the roll due to lapse and archive in terms of practice manual. No order as to costs.
Judges
Lagrange
Legal Topics
Review Application Lapse, Practice Manual Clauses, Service of Process, Reinstatement of Application
Labour Law Civil Procedure Review Application Lapse Practice Manual Clauses Service of Process Reinstatement of Application

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Parties

Luvuyo Mbinyashe

Applicant

Metal and Engineering Industries Bargaining Council

Respondent

Commissioner Hanneli Bendrman N.O

Respondent

Safintra Roofing South Africa Proprietary Limited

Respondent

Procedural Posture

Review Application / Application Struck Off the Roll Due to Lapse and Archive in Terms of Practice Manual

Legal Issues

  1. 1 Whether the applicant complied with the Labour Court Practice Manual regarding filing and service of the record.
  2. 2 Whether the review application lapsed and was archived in terms of clause 11.2.7 of the practice manual.
  3. 3 Whether the application should be struck off the roll due to non-compliance with procedural requirements.

Ratio Decidendi

The court found that the applicant failed to comply with the Labour Court Practice Manual by not filing and serving the record within the prescribed timeframes and not serving the record on the attorneys of record as required. The application lapsed and was archived in terms of clause 11.2.7, and no affidavit was submitted to show good cause for reinstatement. The registrar erred in enrolling the matter for hearing. In the absence of compliance and a proper application for reinstatement, the review application remains lapsed and archived. The application was accordingly struck off the roll.

Court Disposition

Application struck off the roll due to lapse and archive in terms of practice manual. No order as to costs.

Orders

  • The review application is struck off the roll and may not be reinstated until the applicant successfully applies to have the lapsed application retrieved from the archive and reinstated.
  • No order is made as to costs.