Mdluli v Citimed Total Pharmacy (J2025/02) [2002] ZALC 198 (11 December 2002)

Mdluli v Citimed Total Pharmacy (J2025/02) [2002] ZALC 198 (11 December 2002)

The court found that both parties had delayed in pursuing their respective applications: the applicant delayed in seeking enforcement of the CCMA award, and the respondent delayed in filing its review application. In the interests of justice, the court exercised its discretion to postpone the enforcement application sine die and ordered the respondent to file its condonation application within 21 days. Failure to do so would bar the respondent from opposing the matter. The court emphasized the need to allow both parties a fair opportunity to present their cases regarding condonation and the review.

Citation
[2002] ZALC 198
Parties
Applicant: Mdluli, Ntombi; Respondent: Citimed Total Pharmacy
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
11 December 2002
Case Number
J2025/02
Procedural Posture
Urgent Application / Application to Make CCMA Award an Order of Court; Respondent Seeks Review and Condonation for Late Filing
Outcome
Application postponed sine die; respondent ordered to file condonation application within 21 days or be debarred from opposing; no order as to costs.
Judges
E Revelas
Legal Topics
Section 158 1 C Application, Condonation for Late Filing, Ccma Award Enforcement, Review of Arbitration Award
Labour Law Civil Procedure Section 158 1 C Application Condonation for Late Filing Ccma Award Enforcement Review of Arbitration Award

Case Brief

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Parties

Mdluli, Ntombi

Applicant

Citimed Total Pharmacy

Respondent

Procedural Posture

Urgent Application / Application to Make CCMA Award an Order of Court; Respondent Seeks Review and Condonation for Late Filing

Legal Issues

  1. 1 Whether the CCMA arbitration award should be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the respondent should be granted condonation for the late filing of its review application.
  3. 3 Whether both parties' procedural delays should affect the outcome.

Ratio Decidendi

The court found that both parties had delayed in pursuing their respective applications: the applicant delayed in seeking enforcement of the CCMA award, and the respondent delayed in filing its review application. In the interests of justice, the court exercised its discretion to postpone the enforcement application sine die and ordered the respondent to file its condonation application within 21 days. Failure to do so would bar the respondent from opposing the matter. The court emphasized the need to allow both parties a fair opportunity to present their cases regarding condonation and the review.

Court Disposition

Application postponed sine die; respondent ordered to file condonation application within 21 days or be debarred from opposing; no order as to costs.

Orders

  • The application in terms of section 158(1)(c) of the Labour Relations Act 66 of 1995 is postponed sine die.
  • The respondent is to file and serve its condonation application within 21 days of this order, failing which the respondent will be debarred from opposing this matter.