Mokwatlo and Others v LA Farge Industries South Africa (Pty) Ltd (JS 864/16) [2024] ZALCJHB 42 (2 February 2024)

Mokwatlo and Others v LA Farge Industries South Africa (Pty) Ltd (JS 864/16) [2024] ZALCJHB 42 (2 February 2024)

The court held that the second applicant's case was automatically dismissed by operation of the previous order, as they failed to deliver the required statement of claim and condonation application within the 15-day period. The Labour Court, not sitting as a court of appeal, has no jurisdiction to revive or reinstate the dismissed application. A postponement would serve no purpose in respect of a matter already dismissed. Accordingly, the application for postponement and for revival or reinstatement was dismissed, and costs were awarded against the second applicant.

Citation
[2024] ZALCJHB 42
Parties
Applicant: Ernest Mokwatlo & 23 Others; Applicant: NUM obo 17 members; Applicant: GIWUSA obo Richman Shezi and John Sibaya; Respondent: LA Farge Industries South Africa (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 February 2024
Case Number
JS 864/16
Procedural Posture
Civil Application / Order Following Exception and Failure to Deliver Statement of Claim
Outcome
Application for postponement and for revival or reinstatement dismissed; costs awarded against the second applicant.
Judges
Sarah Saunders
Legal Topics
Unprotected Strike, Dismissal for Misconduct, Joinder and Consolidation, Exception Procedure, Condonation Application
Labour Law Unprotected Strike Dismissal for Misconduct Joinder and Consolidation Exception Procedure Condonation Application

Case Brief

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Parties

Ernest Mokwatlo & 23 Others

Applicant

NUM obo 17 members

Applicant

GIWUSA obo Richman Shezi and John Sibaya

Applicant

LA Farge Industries South Africa (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Order Following Exception and Failure to Deliver Statement of Claim

Legal Issues

  1. 1 Whether the second applicant's case should be dismissed for failure to deliver a statement of claim and condonation application within the time ordered by the court.
  2. 2 Whether the Labour Court has jurisdiction to revive or reinstate the dismissed application.
  3. 3 Whether a postponement should be granted in respect of a matter already dismissed.

Ratio Decidendi

The court held that the second applicant's case was automatically dismissed by operation of the previous order, as they failed to deliver the required statement of claim and condonation application within the 15-day period. The Labour Court, not sitting as a court of appeal, has no jurisdiction to revive or reinstate the dismissed application. A postponement would serve no purpose in respect of a matter already dismissed. Accordingly, the application for postponement and for revival or reinstatement was dismissed, and costs were awarded against the second applicant.

Court Disposition

Application for postponement and for revival or reinstatement dismissed; costs awarded against the second applicant.

Orders

  • The application for postponement is dismissed.
  • The application to revive and reinstate brought by the second applicant is dismissed.