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South Africa Judgment

Labour Court

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

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Source document

01

Holding and result

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.
  • There is no order as to costs.

02

Material facts

Parties

Mdluli, Ntombi

Applicant

Citimed Total Pharmacy

Respondent

Amounts and remedies

  • Compensation Awarded by Arbitrator: ZAR 36,000

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant seeks to have the CCMA arbitration award, which granted her compensation, made an order of court under section 158(1)(c) of the Labour Relations Act. She argues that the award should be enforced despite the delay in bringing the application.
Respondent
The respondent opposes the enforcement of the award and has brought a review application challenging the arbitrator's decision. The respondent requests condonation for the late filing of its review application, arguing that it should be allowed to contest the award despite the delay.

05

Court’s reasoning

  1. 01

    Labour Relations Act 66 of 1995, section 158(1)(c)

    A court may, in terms of section 158(1)(c) of the Labour Relations Act, make an arbitration award an order of court, subject to the exercise of judicial discretion.

  2. 02

    Labour Relations Act 66 of 1995; relevant case law on condonation

    Applications for review must be brought within a reasonable time, and condonation for late filing may be granted if justice so requires.

06

Ratio, limits and disposition

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.

Obiter and limits

  • Both parties are in the wrong for their respective delays, but justice requires that they be given an opportunity to address the procedural defects.
  • The court will not make an order as to costs at this stage, reserving the issue for later determination.

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.

  • 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.
  • There is no order as to costs.

Source and reliance status

Labour Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court

Judgment

[2002] ZALC 198

Sneller Verbatim/MS

IN THE LABOUR COURT OF SOUTH

AFRICA

BRAAMFONTEIN CASE NO: J2025/02

2002-12-11

In the matter between

MDLULI, NTOMBI Applicant

and

CITIMED TOTAL PHARMACY Respondent

________________

J U D G M E N T

REVELAS, J:

1. In this matter the applicant, Ms Mdluli, brought an application in terms of section 158(1)(c) of the Labour Relations Act 66 of 1995, as amended (“the Act").

2. This application to make an award of an arbitrator of the Commission for Conciliation Mediation and Arbitration (“the CCMA”), an order of court, was brought fourteen months after the award had been issued.

1.

3. The respondent brought an application to review the award of the arbitrator in terms of which the applicant was awarded compensation in an amount of some R36 000,00. The application for review is also brought considerably out of time. Both parties are in the wrong.

1.

4. I have listened to the argument of both parties and have decided to exercise my discretion in favour of justice. Accordingly I make an order to the effect that the application, in terms of section 158(1)(c) is postponed sine die, that the respondent bring its application for condonation for the late filing of its review application within 21 days hereof, failing which, the respondent will be barred from opposing this matter. At the hearing of the application for condonation the parties will be given a proper further opportunity to both air their respective cases.

5. In the circumstances I make the following order.

1. The application in terms of section 158(1)(c) of the Labour Relations Act 66 of 1995, is postponed sine die.

2. 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.

3. There is no order as to costs.

______

E. Revelas

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Relations Act 66 of 1995

Legislation

Legislation referenced in the available case record.

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