National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 1557/2010) [2013] ZALCJHB 191 (12 August 2013)

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 1557/2010) [2013] ZALCJHB 191 (12 August 2013)

The court found that the applicants provided a reasonable explanation for the late filing of the application for leave to appeal, as they only became aware of the judgment on 9 May 2013. The absence of opposition from the respondents was noted. The court was satisfied that there are prospects that another court may reach a different conclusion regarding the denial of legal representation in arbitration proceedings. Accordingly, condonation was granted and leave to appeal was allowed.

Citation
[2013] ZALCJHB 191
Parties
Applicant: National Union of Mineworkers; Applicant: Taole Elias Mohlasi; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Diale Simon Ntsoane N.O.; Respondent: Two Rivers Platinum Mine
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 August 2013
Case Number
JR 1557/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Denying Legal Representation in Arbitration Proceedings.
Outcome
Leave to appeal granted.
Judges
Boqwana
Legal Topics
Leave to Appeal, Legal Representation in Arbitration, Condonation of Late Filing
Labour Law Civil Procedure Leave to Appeal Legal Representation in Arbitration Condonation of Late Filing

Case Brief

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Parties

National Union of Mineworkers

Applicant

Taole Elias Mohlasi

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Diale Simon Ntsoane N.O.

Respondent

Two Rivers Platinum Mine

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Denying Legal Representation in Arbitration Proceedings.

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether there are reasonable prospects that another court may reach a different conclusion regarding the denial of legal representation.

Ratio Decidendi

The court found that the applicants provided a reasonable explanation for the late filing of the application for leave to appeal, as they only became aware of the judgment on 9 May 2013. The absence of opposition from the respondents was noted. The court was satisfied that there are prospects that another court may reach a different conclusion regarding the denial of legal representation in arbitration proceedings. Accordingly, condonation was granted and leave to appeal was allowed.

Court Disposition

Leave to appeal granted.

Orders

  • Condonation for the late filing of the application for leave to appeal is granted.
  • Leave to appeal is granted.