Mogale and Another v Tshifhiwa N.O and Others (JR821/16) [2024] ZALCJHB 468 (18 November 2024)

Mogale and Another v Tshifhiwa N.O and Others (JR821/16) [2024] ZALCJHB 468 (18 November 2024)

The court found that the applicants failed to show good cause for reinstatement of their main review application. The delay in prosecuting both the review and reinstatement applications was excessive and inordinate, spanning over eight years, and the applicants did not provide a satisfactory, reasonable, or adequate explanation for each period of delay. The record filed remained incomplete, and the applicants failed to comply with the Practice Manual and Labour Court Rules. The prejudice to the third respondent was significant, given the prolonged litigation and lack of finality. In line with established legal principles, the absence of a reasonable explanation for the delay rendered...

Citation
[2024] ZALCJHB 468
Parties
Applicant: Malose Simon Mogale; Applicant: Ngoako Herence Mpe; Respondent: Mythela Irene Tshifhiwa N.O; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mogalakwena Platinum Mine
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 November 2024
Case Number
JR821/16
Procedural Posture
Review Application / Application for Reinstatement of Main Review After Deemed Withdrawal and Archiving Under Practice Manual
Outcome
Application for reinstatement of the main review application dismissed; condonation for late filing of the record refused; no order as to costs.
Judges
S M Shaba
Legal Topics
Condonation, Practice Manual Compliance, Reinstatement of Review, Late Filing, Withdrawal and Archiving, Labour Relations Act
Labour Law Civil Procedure Condonation Practice Manual Compliance Reinstatement of Review Late Filing Withdrawal and Archiving Labour Relations Act

Case Brief

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Parties

Malose Simon Mogale

Applicant

Ngoako Herence Mpe

Applicant

Mythela Irene Tshifhiwa N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Mogalakwena Platinum Mine

Respondent

Procedural Posture

Review Application / Application for Reinstatement of Main Review After Deemed Withdrawal and Archiving Under Practice Manual

Legal Issues

  1. 1 Whether the applicants have shown good cause for reinstatement of their main review application after it was deemed withdrawn and archived.
  2. 2 Whether the excessive delay in prosecuting the review and reinstatement applications is adequately explained.
  3. 3 Whether the applicants have complied with the requirements for condonation and reinstatement under the Practice Manual and Labour Court Rules.

Ratio Decidendi

The court found that the applicants failed to show good cause for reinstatement of their main review application. The delay in prosecuting both the review and reinstatement applications was excessive and inordinate, spanning over eight years, and the applicants did not provide a satisfactory, reasonable, or adequate explanation for each period of delay. The record filed remained incomplete, and the applicants failed to comply with the Practice Manual and Labour Court Rules. The prejudice to the third respondent was significant, given the prolonged litigation and lack of finality. In line with established legal principles, the absence of a reasonable explanation for the delay rendered...

Court Disposition

Application for reinstatement of the main review application dismissed; condonation for late filing of the record refused; no order as to costs.

Orders

  • The application for the reinstatement of the main review application is dismissed.
  • Condonation for the late filing of the record for the main review application is refused.