Pekeur v Safety and Security Sectoral bargaining Council and Others (C18/2006) [2007] ZALC 111 (29 May 2007)

Pekeur v Safety and Security Sectoral bargaining Council and Others (C18/2006) [2007] ZALC 111 (29 May 2007)

The court found that the applicant's delay in filing the review application was excessive and gross, amounting to approximately 15 months. The explanation provided was vague, lacked particularity, and failed to account for each period of delay. The applicant's reliance on his union and failure to take proactive steps demonstrated a lack of seriousness in prosecuting the review. The court held that the explanation was so feeble that it did not warrant consideration of prospects of success. The intention of the legislature to resolve labour disputes swiftly was paramount, and the applicant's conduct amounted to a disregard of the court's processes. Accordingly, condonation for the late...

Citation
[2007] ZALC 111
Parties
Applicant: Antony Clive Pekeur; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: A C E Reynolds; Respondent: Minister of Safety and Security
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
29 May 2007
Case Number
C18/2006
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review
Outcome
Condonation for the late filing of the applicant's review application is refused. The review application is dismissed. The applicant is ordered to pay the third respondent's costs.
Judges
Nel
Legal Topics
Condonation, Unfair Labour Practice, Review of Arbitration Award, Late Filing, Labour Relations Act
Labour Law Civil Procedure Condonation Unfair Labour Practice Review of Arbitration Award Late Filing Labour Relations Act

Case Brief

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Parties

Antony Clive Pekeur

Applicant

Safety and Security Sectoral Bargaining Council

Respondent

A C E Reynolds

Respondent

Minister of Safety and Security

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the applicant's review application.
  2. 2 Whether the applicant provided a satisfactory explanation for the excessive delay.
  3. 3 Whether the applicant's prospects of success warranted condonation.

Ratio Decidendi

The court found that the applicant's delay in filing the review application was excessive and gross, amounting to approximately 15 months. The explanation provided was vague, lacked particularity, and failed to account for each period of delay. The applicant's reliance on his union and failure to take proactive steps demonstrated a lack of seriousness in prosecuting the review. The court held that the explanation was so feeble that it did not warrant consideration of prospects of success. The intention of the legislature to resolve labour disputes swiftly was paramount, and the applicant's conduct amounted to a disregard of the court's processes. Accordingly, condonation for the late...

Court Disposition

Condonation for the late filing of the applicant's review application is refused. The review application is dismissed. The applicant is ordered to pay the third respondent's costs.

Orders

  • Condonation for the late filing of the applicant's review application is refused.
  • The review application is dismissed.