Minister of Safety and Security v Dispute Resolution Panel and Others (5727/2009) [2013] ZAFSHC 46 (22 March 2013)

Minister of Safety and Security v Dispute Resolution Panel and Others (5727/2009) [2013] ZAFSHC 46 (22 March 2013)

The court held that the applicant failed to establish any reviewable irregularity under section 33 of the Arbitration Act. The arbitrator acted within his powers as conferred by the arbitration agreement, which allowed him to make any reasonable and appropriate award, including reinstatement. The arbitrator was not bound by the criminal court's verdict, as the termination was based on the disciplinary enquiry, not the criminal conviction. The applicant's action in amending the sanction to dismissal without affording the third respondent a hearing was unreasonable and procedurally unfair. The application for review was dismissed as the award was not reviewable on any recognised ground.

Citation
[2013] ZAFSHC 46
Parties
Applicant: Minister of Safety and Security; Respondent: Dispute Resolution Panel; Respondent: S M O Seobe N.O.; Respondent: M M Rampou
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 March 2013
Case Number
5727/2009
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Lekale, Kruger
Legal Topics
Arbitration Act Review, Termination of Contract, Procedural Fairness, Employment Status, Disciplinary Procedure
Civil Procedure Labour Law Arbitration Act Review Termination of Contract Procedural Fairness Employment Status Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Minister of Safety and Security

Applicant

Dispute Resolution Panel

Respondent

S M O Seobe N.O.

Respondent

M M Rampou

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award is reviewable under section 33 of the Arbitration Act.
  2. 2 Whether the arbitrator exceeded his powers by reinstating the third respondent.
  3. 3 Whether the arbitrator committed misconduct by disregarding the criminal court's verdict.

Ratio Decidendi

The court held that the applicant failed to establish any reviewable irregularity under section 33 of the Arbitration Act. The arbitrator acted within his powers as conferred by the arbitration agreement, which allowed him to make any reasonable and appropriate award, including reinstatement. The arbitrator was not bound by the criminal court's verdict, as the termination was based on the disciplinary enquiry, not the criminal conviction. The applicant's action in amending the sanction to dismissal without affording the third respondent a hearing was unreasonable and procedurally unfair. The application for review was dismissed as the award was not reviewable on any recognised ground.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.