National Prosecuting Authority v Ramushowana NO and Others (JR2774/2012) [2015] ZALCJHB 243 (3 August 2015)

National Prosecuting Authority v Ramushowana NO and Others (JR2774/2012) [2015] ZALCJHB 243 (3 August 2015)

The court found that the applicant was in wilful default of appearance at the hearing on 12 May 2015, as it failed to respond to notices of set down that were successfully transmitted to its attorneys. The applicant's explanation for its absence was inadequate, and there was no evidence of steps taken by the applicant or its officials to ensure diligent prosecution of the review application. Furthermore, the applicant failed to establish a bona fide defence to the Rule 11 application, as the founding affidavit did not address the merits of the Rule 11 application separately from the review. The conduct of the applicant and its attorney was found to be dilatory and contrary to the...

Citation
[2015] ZALCJHB 243
Parties
Applicant: National Prosecuting Authority; Respondent: Silas Ramushowana N.O.; Respondent: GPSSBC; Respondent: Daniel Willem Petrus Nel
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 August 2015
Case Number
JR2774/2012
Procedural Posture
Review Application / Application for Rescission of Dismissal Order
Outcome
Application for rescission dismissed with costs.
Judges
Van Niekerk
Legal Topics
Rescission of Judgment, Wilful Default, Review of Arbitration Award, Rule 11 Application
Labour Law Civil Procedure Rescission of Judgment Wilful Default Review of Arbitration Award Rule 11 Application

Case Brief

Summary, issues, holding and outcome

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Parties

National Prosecuting Authority

Applicant

Silas Ramushowana N.O.

Respondent

GPSSBC

Respondent

Daniel Willem Petrus Nel

Respondent

Procedural Posture

Review Application / Application for Rescission of Dismissal Order

Legal Issues

  1. 1 Whether the applicant has shown good cause for rescission of the dismissal order granted in its absence.
  2. 2 Whether the applicant provided a reasonable explanation for its absence at the hearing on 12 May 2015.
  3. 3 Whether the applicant has established a bona fide defence to the proceedings in respect of which rescission is sought.

Ratio Decidendi

The court found that the applicant was in wilful default of appearance at the hearing on 12 May 2015, as it failed to respond to notices of set down that were successfully transmitted to its attorneys. The applicant's explanation for its absence was inadequate, and there was no evidence of steps taken by the applicant or its officials to ensure diligent prosecution of the review application. Furthermore, the applicant failed to establish a bona fide defence to the Rule 11 application, as the founding affidavit did not address the merits of the Rule 11 application separately from the review. The conduct of the applicant and its attorney was found to be dilatory and contrary to the...

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is to pay the costs of the application, including the costs of the proceedings on 9 July 2015 and 29 July 2015, when the application was stood down to 31 July 2015.