Mokhele v Rustenburg Platinum Mine and Others (JR 1515/2019) [2023] ZALCJHB 185 (19 June 2023)

Mokhele v Rustenburg Platinum Mine and Others (JR 1515/2019) [2023] ZALCJHB 185 (19 June 2023)

The court found that the application for leave to appeal was filed 104 calendar days late, which constitutes an excessive delay. The applicant's explanation for the delay, centering on the termination of his attorneys' mandate and the late release of his file, was not candid or satisfactory. The applicant failed to act with the required diligence and did not provide a full account of the circumstances causing the delay. Regarding prospects of success, the court held that the arbitrator's award was reasonable in light of the evidence of a corrupt relationship between the applicant and a supplier, amounting to serious misconduct. The grounds for appeal did not demonstrate any reasonable...

Citation
[2023] ZALCJHB 185
Parties
Applicant: Gladwin Mokhele; Respondent: Rustenburg Platinum Mine; Respondent: Commissioner Mohale Calvin Lebea N.O.; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 June 2023
Case Number
JR 1515/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for condonation and leave to appeal dismissed.
Judges
Van Niekerk
Legal Topics
Condonation for Late Filing, Review of Arbitration Award, Unfair Dismissal, Practice Manual Compliance
Labour Law Civil Procedure Condonation for Late Filing Review of Arbitration Award Unfair Dismissal Practice Manual Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Gladwin Mokhele

Applicant

Rustenburg Platinum Mine

Respondent

Commissioner Mohale Calvin Lebea N.O.

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether the applicant has reasonable prospects of success on appeal against the dismissal of the review application.
  3. 3 Whether the delay in filing the application for leave to appeal is adequately explained.

Ratio Decidendi

The court found that the application for leave to appeal was filed 104 calendar days late, which constitutes an excessive delay. The applicant's explanation for the delay, centering on the termination of his attorneys' mandate and the late release of his file, was not candid or satisfactory. The applicant failed to act with the required diligence and did not provide a full account of the circumstances causing the delay. Regarding prospects of success, the court held that the arbitrator's award was reasonable in light of the evidence of a corrupt relationship between the applicant and a supplier, amounting to serious misconduct. The grounds for appeal did not demonstrate any reasonable...

Court Disposition

Application for condonation and leave to appeal dismissed.

Orders

  • Condonation for the late filing of the application for leave to appeal is refused.
  • The application for leave to appeal is dismissed.