Ndaba v Commission for Conciliation, Mediation and Arbitration and Others (JR1384/09) [2018] ZALCJHB 111 (14 March 2018)

Ndaba v Commission for Conciliation, Mediation and Arbitration and Others (JR1384/09) [2018] ZALCJHB 111 (14 March 2018)

The applicant failed to provide a complete and satisfactory explanation for the inordinate delay in filing the review application. His affidavit disclosed only bald assertions regarding his innocence and did not set out any grounds for review or demonstrate that the arbitration award was unreasonable. The applicant did not comply with the practice manual requirements to file the award or the record, nor did he take steps to secure the record. The prejudice to the third respondent and the need for finality outweigh any prejudice to the applicant. Granting condonation would frustrate the statutory purpose of expeditious dispute resolution. Accordingly, condonation for the late filing of the...

Citation
[2018] ZALCJHB 111
Parties
Applicant: Sibahle Cyprian Ndaba; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Advocate Moletsane N.O.; Respondent: PUTCO Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 March 2018
Case Number
JR1384/09
Procedural Posture
Review Application / Application for Condonation of Late Filing of Review
Outcome
Application for condonation refused; review application dismissed.
Judges
Van Niekerk
Legal Topics
Condonation, Review of Arbitration Award, Unfair Dismissal, Practice Manual Compliance
Labour Law Civil Procedure Condonation Review of Arbitration Award Unfair Dismissal Practice Manual Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Sibahle Cyprian Ndaba

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Advocate Moletsane N.O.

Respondent

PUTCO Limited

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Filing of Review

Legal Issues

  1. 1 Whether the applicant has provided a satisfactory explanation for the late filing of the review application.
  2. 2 Whether the applicant has demonstrated prospects of success in the review application.
  3. 3 Whether condonation for the late filing should be granted given the statutory imperative for expeditious dispute resolution.

Ratio Decidendi

The applicant failed to provide a complete and satisfactory explanation for the inordinate delay in filing the review application. His affidavit disclosed only bald assertions regarding his innocence and did not set out any grounds for review or demonstrate that the arbitration award was unreasonable. The applicant did not comply with the practice manual requirements to file the award or the record, nor did he take steps to secure the record. The prejudice to the third respondent and the need for finality outweigh any prejudice to the applicant. Granting condonation would frustrate the statutory purpose of expeditious dispute resolution. Accordingly, condonation for the late filing of the...

Court Disposition

Application for condonation refused; review application dismissed.

Orders

  • Condonation for the late filing of the review application is refused.
  • The review application is dismissed.