Ngqakase v Bendeman and Another (C241/2018) [2021] ZALCCT 55 (23 July 2021)

Ngqakase v Bendeman and Another (C241/2018) [2021] ZALCCT 55 (23 July 2021)

The applicant failed to comply with the mandatory time periods for filing the record as set out in the Labour Court Practice Manual and did not seek an extension or provide any explanation for the delay. In terms of clause 11.2.3, the application is deemed withdrawn, and under clause 11.2.7, it is regarded as lapsed. There is no application for reinstatement before the court, and the matter should not have been enrolled for hearing. The application is struck off the roll, may not be reinstated until the applicant successfully applies for retrieval and reinstatement, and no order as to costs is made.

Citation
[2021] ZALCCT 55
Parties
Applicant: Theminkosi Anton Ngqakase; Respondent: H Bendeman; Respondent: D&E Reinforcing Pty (Ltd)
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
23 July 2021
Case Number
C241/2018
Procedural Posture
Review Application / Striking Off Roll Due to Lapse and Deemed Withdrawal
Outcome
Application deemed withdrawn and lapsed; struck off the roll.
Judges
Jorge
Legal Topics
Review Application Delay, Practice Manual Compliance, Withdrawal of Application, Reinstatement of Lapsed Application
Labour Law Civil Procedure Review Application Delay Practice Manual Compliance Withdrawal of Application Reinstatement of Lapsed Application

Case Brief

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Parties

Theminkosi Anton Ngqakase

Applicant

H Bendeman

Respondent

D&E Reinforcing Pty (Ltd)

Respondent

Procedural Posture

Review Application / Striking Off Roll Due to Lapse and Deemed Withdrawal

Legal Issues

  1. 1 Whether the applicant's review application should be deemed withdrawn due to failure to file the record within the prescribed period.
  2. 2 Whether the application has lapsed in terms of the Labour Court Practice Manual due to non-compliance with time limits.
  3. 3 Whether the matter should have been enrolled for hearing in the absence of an application for reinstatement.

Ratio Decidendi

The applicant failed to comply with the mandatory time periods for filing the record as set out in the Labour Court Practice Manual and did not seek an extension or provide any explanation for the delay. In terms of clause 11.2.3, the application is deemed withdrawn, and under clause 11.2.7, it is regarded as lapsed. There is no application for reinstatement before the court, and the matter should not have been enrolled for hearing. The application is struck off the roll, may not be reinstated until the applicant successfully applies for retrieval and reinstatement, and no order as to costs is made.

Court Disposition

Application deemed withdrawn and lapsed; struck off the roll.

Orders

  • The review application is deemed withdrawn in terms of clause 11.2.3 of the Labour Court Practice Manual and has lapsed in terms of clause 11.2.7.
  • The registrar must archive the file.