National Regulator for Compulsory Specifications v Mazibuko (J2305/16) [2019] ZALCJHB 26 (20 February 2019)

National Regulator for Compulsory Specifications v Mazibuko (J2305/16) [2019] ZALCJHB 26 (20 February 2019)

The court found that the applicant, as a juristic person and public entity, has locus standi to bring the review application to correct its own decisions, including the appointment of employees. The powers conferred by statute are not negated by the CEO's role, and the applicant is entitled to approach the court for relief. However, the court held that the delay in bringing the application was unreasonable. The applicant became aware of the alleged irregularity on 10 May 2016 but only instituted proceedings six months later, well beyond the reasonable six-week period established for such reviews under section 158(1)(h) of the Labour Relations Act. The court was not satisfied with the...

Citation
[2019] ZALCJHB 26
Parties
Applicant: National Regulator for Compulsory Specifications; Respondent: Portia Sindiswa Mazibuko
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 February 2019
Case Number
J2305/16
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
S Mabaso
Legal Topics
Locus Standi, Unreasonable Delay, Judicial Review, Appointment of Public Official, Condonation for Late Filing
Labour Law Administrative Law Locus Standi Unreasonable Delay Judicial Review Appointment of Public Official Condonation for Late Filing

Case Brief

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Parties

National Regulator for Compulsory Specifications

Applicant

Portia Sindiswa Mazibuko

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the review application.
  2. 2 Whether the delay in bringing the application is unreasonable and should be condoned.
  3. 3 Whether the appointment of the respondent as Head of Human Capital Management should be set aside due to alleged irregularities.

Ratio Decidendi

The court found that the applicant, as a juristic person and public entity, has locus standi to bring the review application to correct its own decisions, including the appointment of employees. The powers conferred by statute are not negated by the CEO's role, and the applicant is entitled to approach the court for relief. However, the court held that the delay in bringing the application was unreasonable. The applicant became aware of the alleged irregularity on 10 May 2016 but only instituted proceedings six months later, well beyond the reasonable six-week period established for such reviews under section 158(1)(h) of the Labour Relations Act. The court was not satisfied with the...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • Each party to pay own costs.