NEHAWU and Another v MEC for the Department of Public Works, Roads and Transport and Another (J2246/07) [2009] ZALC 129 (22 December 2009)

NEHAWU and Another v MEC for the Department of Public Works, Roads and Transport and Another (J2246/07) [2009] ZALC 129 (22 December 2009)

The applicant failed to provide any explanation for the delay in enforcing the right derived from the court order made on 18 October 2004. The delay was unreasonable and no good cause was shown. The court found that the applicant should have acted at least by November 2005, but only filed the claim in February 2008 without explanation. Applying established principles, the court held that the claim must be dismissed due to the unreasonable delay, regardless of the merits. The court declined to award costs against the applicant, finding it would not be fair for costs to follow the result.

Citation
[2009] ZALC 129
Parties
Applicant: NEHAWU; Applicant: Motlalentoa Sesilinyana; Respondent: MEC for the Department of Public Works, Roads and Transport; Respondent: Department of Works, Roads and Transport
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 December 2009
Case Number
J2246/07
Procedural Posture
Urgent Application / Application to Enforce Settlement Agreement; Opposition With Condonation Sought for Late Answering Papers
Outcome
Application dismissed due to unreasonable delay in prosecuting the claim.
Judges
Molahlehi
Legal Topics
Enforcement of Settlement Agreement, Unreasonable Delay, Condonation, Jurisdiction, Pro Rata Leave Pay
Labour Law Civil Procedure Enforcement of Settlement Agreement Unreasonable Delay Condonation Jurisdiction Pro Rata Leave Pay

Case Brief

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Parties

NEHAWU

Applicant

Motlalentoa Sesilinyana

Applicant

MEC for the Department of Public Works, Roads and Transport

Respondent

Department of Works, Roads and Transport

Respondent

Procedural Posture

Urgent Application / Application to Enforce Settlement Agreement; Opposition With Condonation Sought for Late Answering Papers

Legal Issues

  1. 1 Whether the applicant is entitled to enforce the settlement agreement made an order of court regarding pro rata leave pay.
  2. 2 Whether the delay in prosecuting the claim should be condoned or results in dismissal of the application.
  3. 3 Whether the applicant provided a satisfactory explanation for the delay in enforcing the court order.

Ratio Decidendi

The applicant failed to provide any explanation for the delay in enforcing the right derived from the court order made on 18 October 2004. The delay was unreasonable and no good cause was shown. The court found that the applicant should have acted at least by November 2005, but only filed the claim in February 2008 without explanation. Applying established principles, the court held that the claim must be dismissed due to the unreasonable delay, regardless of the merits. The court declined to award costs against the applicant, finding it would not be fair for costs to follow the result.

Court Disposition

Application dismissed due to unreasonable delay in prosecuting the claim.

Orders

  • The applicant's claim is dismissed.
  • There is no order as to costs.