Piktup (Soc) Ltd v Mokele (JR646/23) [2025] ZALCJHB 177 (2 May 2025)

Piktup (Soc) Ltd v Mokele (JR646/23) [2025] ZALCJHB 177 (2 May 2025)

The Court found that the applicant was not in default of the Practice Manual's time limits, as the complete record was not made available by the Council until 14 July 2023. The 60-day period only commenced once the record was accessible, and the applicant acted diligently throughout. Even if the Court was incorrect, condonation would be granted due to the applicant's expeditious conduct. The application for condonation for non-compliance with clause 11.2.7 was also granted, as the applicant took all necessary steps and the Registrar did not archive the application. The application to compel the furnishing of security was dismissed, as there is no standalone requirement for security unless...

Citation
[2025] ZALCJHB 177
Parties
Applicant: Pikitup (SOC) Ltd; Respondent: Pumla Mokele; Respondent: South African Local Government Bargaining Council; Respondent: Natasha Moni NO
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 May 2025
Case Number
JR646/23
Procedural Posture
Review Application / Condonation and Interlocutory Applications Prior to Hearing of Review
Outcome
The review application is not deemed withdrawn; condonation is granted for non-compliance; the application to compel security is dismissed; no costs order is made.
Judges
Daniels
Legal Topics
Condonation, Practice Manual Compliance, Security for Award, Review of Arbitration Award
Labour Law Civil Procedure Condonation Practice Manual Compliance Security for Award Review of Arbitration Award

Case Brief

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Parties

Pikitup (SOC) Ltd

Applicant

Pumla Mokele

Respondent

South African Local Government Bargaining Council

Respondent

Natasha Moni NO

Respondent

Procedural Posture

Review Application / Condonation and Interlocutory Applications Prior to Hearing of Review

Legal Issues

  1. 1 Whether the applicant's review application is deemed withdrawn due to late filing of the record under clause 11.2.3 of the Practice Manual.
  2. 2 Whether condonation should be granted for non-compliance with clause 11.2.7 of the Practice Manual.
  3. 3 Whether the applicant is required to furnish security under section 145(7) of the LRA.

Ratio Decidendi

The Court found that the applicant was not in default of the Practice Manual's time limits, as the complete record was not made available by the Council until 14 July 2023. The 60-day period only commenced once the record was accessible, and the applicant acted diligently throughout. Even if the Court was incorrect, condonation would be granted due to the applicant's expeditious conduct. The application for condonation for non-compliance with clause 11.2.7 was also granted, as the applicant took all necessary steps and the Registrar did not archive the application. The application to compel the furnishing of security was dismissed, as there is no standalone requirement for security unless...

Court Disposition

The review application is not deemed withdrawn; condonation is granted for non-compliance; the application to compel security is dismissed; no costs order is made.

Orders

  • The application brought under JR646/23 is not deemed withdrawn in terms of clause 11.2.3 of the Practice Manual.
  • The applicant is granted condonation for non-compliance with clause 11.2.7 of the Practice Manual.