Ntomnela v ELRC And Others (D1618/17) [2024] ZALCD 25 (20 May 2024)

Ntomnela v ELRC And Others (D1618/17) [2024] ZALCD 25 (20 May 2024)

The court found that the applicant did not have reasonable prospects of success in his review application. The evidence supporting the dismissal was reliable, including the circuit manager's examination of the mobile phone and corroborating details linking the messages to the applicant. The applicant's explanations for the delay were insufficient to justify condonation, especially given the excessive length of the delay and the lack of merit in the underlying review. The court concluded that there was no good reason to reinstate the lapsed review application and dismissed the application.

Citation
[2024] ZALCD 25
Parties
Applicant: Lindinkosi Cyril Ntomnela; Respondent: ELRC; Respondent: T.M. Baker N.O.; Respondent: Department of Education
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
20 May 2024
Case Number
D1618/17
Procedural Posture
Review Application / Application to Reinstate a Review Application Deemed Withdrawn Under the Practice Manual Due to Late Filing of the Record.
Outcome
Application to reinstate the lapsed review application is dismissed.
Judges
Whitcher
Legal Topics
Condonation for Late Filing, Review of Arbitration Award, Serious Misconduct, Sexual Misconduct Allegation
Labour Law Civil Procedure Condonation for Late Filing Review of Arbitration Award Serious Misconduct Sexual Misconduct Allegation

Case Brief

Summary, issues, holding and outcome

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Parties

Lindinkosi Cyril Ntomnela

Applicant

ELRC

Respondent

T.M. Baker N.O.

Respondent

Department of Education

Respondent

Procedural Posture

Review Application / Application to Reinstate a Review Application Deemed Withdrawn Under the Practice Manual Due to Late Filing of the Record.

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success in the review application.
  2. 2 Whether the delay in filing the record should be condoned and the review application reinstated.

Ratio Decidendi

The court found that the applicant did not have reasonable prospects of success in his review application. The evidence supporting the dismissal was reliable, including the circuit manager's examination of the mobile phone and corroborating details linking the messages to the applicant. The applicant's explanations for the delay were insufficient to justify condonation, especially given the excessive length of the delay and the lack of merit in the underlying review. The court concluded that there was no good reason to reinstate the lapsed review application and dismissed the application.

Court Disposition

Application to reinstate the lapsed review application is dismissed.

Orders

  • The application (D1618/17) to reinstate the lapsed review application is dismissed.