Ndlovu v Chaane NO and Another (J119/21) [2021] ZALCJHB 20 (1 March 2021)

Ndlovu v Chaane NO and Another (J119/21) [2021] ZALCJHB 20 (1 March 2021)

The court found that the applicant failed to demonstrate urgency, as the circumstances leading to the application were self-created through repeated postponements and tactical recusal applications. The alleged bias by the Chairperson did not amount to conduct warranting recusal, and procedural issues raised by the applicant could be addressed through ordinary labour dispute mechanisms. The court held that the interests of justice required adherence to the default position that lack of urgency results in the matter being struck from the roll. Given the applicant's conduct, a costs order was justified to compensate the respondent for expenses incurred in opposing the application.

Citation
[2021] ZALCJHB 20
Parties
Applicant: Leslina Olga Ndlovu; Respondent: HM Chaane N.O.; Respondent: Bojanala Platinum District Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 March 2021
Case Number
J119/21
Procedural Posture
Urgent Application / Application to Set Aside Disciplinary Hearing Rulings for Alleged Bias; Interlocutory Urgent Relief
Outcome
Application struck from the roll for lack of urgency; costs awarded against applicant.
Judges
Baloyi
Legal Topics
Disciplinary Hearing, Recusal of Chairperson, Urgency, Costs Order
Labour Law Civil Procedure Disciplinary Hearing Recusal of Chairperson Urgency Costs Order

Case Brief

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Parties

Leslina Olga Ndlovu

Applicant

HM Chaane N.O.

Respondent

Bojanala Platinum District Municipality

Respondent

Procedural Posture

Urgent Application / Application to Set Aside Disciplinary Hearing Rulings for Alleged Bias; Interlocutory Urgent Relief

Legal Issues

  1. 1 Whether the application to set aside the disciplinary hearing rulings on grounds of bias is urgent.
  2. 2 Whether the Chairperson's conduct constituted bias warranting recusal.
  3. 3 Whether the applicant is entitled to relief halting the disciplinary process.

Ratio Decidendi

The court found that the applicant failed to demonstrate urgency, as the circumstances leading to the application were self-created through repeated postponements and tactical recusal applications. The alleged bias by the Chairperson did not amount to conduct warranting recusal, and procedural issues raised by the applicant could be addressed through ordinary labour dispute mechanisms. The court held that the interests of justice required adherence to the default position that lack of urgency results in the matter being struck from the roll. Given the applicant's conduct, a costs order was justified to compensate the respondent for expenses incurred in opposing the application.

Court Disposition

Application struck from the roll for lack of urgency; costs awarded against applicant.

Orders

  • The application is struck from the roll due to lack of urgency.
  • The applicant is ordered to pay the second respondent's costs.