Mjoli and Others v Peter Papers (Pty) Ltd and Others (JR 1797/17) [2020] ZALCJHB 272 (25 September 2020)

Mjoli and Others v Peter Papers (Pty) Ltd and Others (JR 1797/17) [2020] ZALCJHB 272 (25 September 2020)

The Labour Court lacks jurisdiction to dismiss a review application that is deemed withdrawn under the Practice Manual. Once a review is deemed withdrawn, it is no longer before the Court and cannot be dismissed via a Rule 11 application. The only way to revive such a review is through a substantive application for reinstatement, where good cause must be shown. The Court followed the reasoning in Savuka Mine and distinguished MacSteel, holding that Rule 11 is not applicable to reviews that have ceased to exist. Accordingly, both the Rule 11 application and the review application were struck off the roll.

Citation
[2020] ZALCJHB 272
Parties
Applicant: Bhekuyise Mjoli & Others; Respondent: Peter Papers (Pty) Ltd; Respondent: Commissioner Daniel Du Plessis NO; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 September 2020
Case Number
JR 1797/17
Procedural Posture
Review Application / Rule 11 Application to Dismiss Review; Review Deemed Withdrawn
Outcome
Both the Rule 11 application and the review application are struck off the roll; no order as to costs.
Judges
Mabaso
Legal Topics
Practice Manual Clauses, Rule 11 Application, Deemed Withdrawal, Jurisdiction of Labour Court
Labour Law Civil Procedure Practice Manual Clauses Rule 11 Application Deemed Withdrawal Jurisdiction of Labour Court

Case Brief

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Parties

Bhekuyise Mjoli & Others

Applicant

Peter Papers (Pty) Ltd

Respondent

Commissioner Daniel Du Plessis NO

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Rule 11 Application to Dismiss Review; Review Deemed Withdrawn

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to dismiss a review application that is deemed withdrawn under the Practice Manual?
  2. 2 Is a Rule 11 application appropriate for a review application that is deemed withdrawn?
  3. 3 Can a deemed withdrawn review be revived only by substantive application?

Ratio Decidendi

The Labour Court lacks jurisdiction to dismiss a review application that is deemed withdrawn under the Practice Manual. Once a review is deemed withdrawn, it is no longer before the Court and cannot be dismissed via a Rule 11 application. The only way to revive such a review is through a substantive application for reinstatement, where good cause must be shown. The Court followed the reasoning in Savuka Mine and distinguished MacSteel, holding that Rule 11 is not applicable to reviews that have ceased to exist. Accordingly, both the Rule 11 application and the review application were struck off the roll.

Court Disposition

Both the Rule 11 application and the review application are struck off the roll; no order as to costs.

Orders

  • The Rule 11 application is struck off the roll.
  • The review application is struck off the roll.