Pekeur obo Willemse v Commission for Conciliation, Mediation and Arbitration and Others (C554/2022) [2025] ZALCCT 29 (15 May 2025)
The court found that there was no evidence that the purported applicant had authorised the launching of the review application. Furthermore, the purported representative was not authorised to institute review proceedings either in her own capacity, as an advice office representative, or on behalf of the applicant....
Source-derived case information.
- Citation
- [2025] ZALCCT 29
- Parties
- Applicant: Wendy Pekeur o.b.o Elsie Willemse; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Ilse de Vlieger-Seynhaeve; Respondent: Samgro
- Court
- Labour Court Cape Town
- Jurisdiction
- South Africa
- Case Number
- C554/2022
- Procedural Posture
- Review Application / Judgment
- Outcome
- The review application is declared null and void and is struck from the roll. Costs are reserved.
- Judges
- Lagrange
- Legal Topics
- Review Application, Authority to Institute Proceedings, Nullity of Application
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wendy Pekeur o.b.o Elsie Willemse
Applicant
Commission for Conciliation, Mediation and Arbitration
Respondent
Commissioner Ilse de Vlieger-Seynhaeve
Respondent
Samgro
Respondent
Procedural Posture
Review Application / Judgment
Legal Issues
- 1 Whether the purported applicant authorised the launching of the review application.
- 2 Whether the purported representative was authorised to institute review proceedings on behalf of the applicant.
- 3 Whether a valid review application was before the court.
Ratio Decidendi
The court found that there was no evidence that the purported applicant had authorised the launching of the review application. Furthermore, the purported representative was not authorised to institute review proceedings either in her own capacity, as an advice office representative, or on behalf of the applicant. As a result, there was no valid review application before the court, and the application was a nullity. The application was accordingly struck from the roll.
Court Disposition
The review application is declared null and void and is struck from the roll. Costs are reserved.
Orders
- The review application is null and void and is struck from the roll.
- Costs are reserved.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA (HELD AT CAPE TOWN)
Before the Honourable Mr Justice Lagrange
On this day 15th May 2025
Case no: C554/2022
In the matter between:
WENDY PEKEUR O.B.O ELSIE WILLEMSE Applicant
And
COMMISSION FOR CONCILIATION, MEDIATION
AND ARBITRATION
First Respondent
COMMISSIOENR ILSE DE VLIEGER-SEYNHAEVE Second Respondent
SAMGRO
Third Respondent
JUDGMENT
LAGRANGE J
There was no appearance for the purported applicant or her purported representative.
Having heard counsel for the third respondent and having read the papers, I am satisfied that the purported applicant has not authorised the launching of this review application and her purported representative was not authorised to launch review proceedings either in her own capacity, as advice office representative, or on behalf of the purported applicant, Ms Elsie Willemse. Accordingly, there is no review application before the court and the application is nullity.
IT IS ORDERED THAT:
1. The review application is null and void and is struck from the roll.
2. Costs are reserved.
R Lagrange
Judge of the Labour Court of South Africa.
Appearances:
For the Applicant: No Appearance
For the Respondent: B Braun instructed by Oosthuizen & CO.