MTamila v Samancor Western Chrome Mines and Others (J 1541/23) [2023] ZALCJHB 324 (23 November 2023)

MTamila v Samancor Western Chrome Mines and Others (J 1541/23) [2023] ZALCJHB 324 (23 November 2023)

The application was dismissed because the applicant failed to comply with the procedural requirements for a review under Rule 7A, did not articulate any reviewable irregularities, and did not establish a statutory basis for the Labour Court’s jurisdiction to set aside a pre-arbitration agreement concluded under the CCMA. The dispute regarding the validity of the pre-arbitration agreement is internal to the CCMA and not suitable for determination by the Labour Court, especially via motion proceedings given the factual disputes. The Commissioner’s ruling was not reviewable on the grounds advanced, and the relief sought by the applicant was not contemplated by the statutory framework. Each...

Citation
[2023] ZALCJHB 324
Parties
Applicant: Berkerly M'Tamila; Respondent: Samancor Western Chrome Mines; Respondent: UASA – The Union; Respondent: Nicolaas Jacobus Naude; Respondent: Commissioner Steyn Fourie N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 November 2023
Case Number
J 1541/23
Procedural Posture
Review Application / Application to Review and Set Aside CCMA Ruling; Application to Set Aside Pre Arbitration Agreement
Outcome
Application dismissed with no order as to costs.
Judges
Van Niekerk
Legal Topics
Ccma Jurisdiction, Pre Arbitration Agreement, Review of Arbitration Ruling, Lra Section 144, Motion Proceedings
Labour Law Civil Procedure Ccma Jurisdiction Pre Arbitration Agreement Review of Arbitration Ruling Lra Section 144 Motion Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Berkerly M'Tamila

Applicant

Samancor Western Chrome Mines

Respondent

UASA – The Union

Respondent

Nicolaas Jacobus Naude

Respondent

Commissioner Steyn Fourie N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside CCMA Ruling; Application to Set Aside Pre Arbitration Agreement

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to set aside a pre-arbitration agreement concluded under the auspices of the CCMA.
  2. 2 Whether the Commissioner’s ruling directing arbitration in terms of the existing pre-arbitration agreement is reviewable.
  3. 3 Whether the application complied with procedural requirements for review under Rule 7A.

Ratio Decidendi

The application was dismissed because the applicant failed to comply with the procedural requirements for a review under Rule 7A, did not articulate any reviewable irregularities, and did not establish a statutory basis for the Labour Court’s jurisdiction to set aside a pre-arbitration agreement concluded under the CCMA. The dispute regarding the validity of the pre-arbitration agreement is internal to the CCMA and not suitable for determination by the Labour Court, especially via motion proceedings given the factual disputes. The Commissioner’s ruling was not reviewable on the grounds advanced, and the relief sought by the applicant was not contemplated by the statutory framework. Each...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.