NUMSA and Others v Letlhabile Coaches CC (C490/2019) [2021] ZALCCT 56 (23 July 2021)

NUMSA and Others v Letlhabile Coaches CC (C490/2019) [2021] ZALCCT 56 (23 July 2021)

The court found that the delay of 16 days in filing the amended statement of case was not lengthy and was adequately explained by the applicant's logistical difficulties in obtaining instructions from members in different provinces. The applicant provided sufficient detail regarding its efforts to contact members. The amended statement of case established a prima facie case with prospects of success. The respondent did not object to the amendment and was not prejudiced, having already filed its amended response. The matter is important for the applicants, particularly those not currently employed. On an objective conspectus of the facts, the interests of justice require that condonation...

Citation
[2021] ZALCCT 56
Parties
Applicant: NUMSA; Applicant: Fanyana Amos Radebe & 8 Others; Respondent: Letlhabile Coaches CC
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
23 July 2021
Case Number
C490/2019
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Amended Statement of Case
Outcome
Condonation for the late filing of the amended statement of case is granted.
Judges
Jorge
Legal Topics
Condonation, Late Filing, Amendment of Pleadings, Prospects of Success
Labour Law Civil Procedure Condonation Late Filing Amendment of Pleadings Prospects of Success

Case Brief

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Parties

NUMSA

Applicant

Fanyana Amos Radebe & 8 Others

Applicant

Letlhabile Coaches CC

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Amended Statement of Case

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the amended statement of case.
  2. 2 Whether the delay was reasonable and adequately explained.
  3. 3 Whether the applicant has demonstrated prospects of success.

Ratio Decidendi

The court found that the delay of 16 days in filing the amended statement of case was not lengthy and was adequately explained by the applicant's logistical difficulties in obtaining instructions from members in different provinces. The applicant provided sufficient detail regarding its efforts to contact members. The amended statement of case established a prima facie case with prospects of success. The respondent did not object to the amendment and was not prejudiced, having already filed its amended response. The matter is important for the applicants, particularly those not currently employed. On an objective conspectus of the facts, the interests of justice require that condonation...

Court Disposition

Condonation for the late filing of the amended statement of case is granted.

Orders

  • The application for condonation for the late filing of the Amended Statement of Claim is granted.
  • No order is made as to costs.