POPCRU obo Palm v Van Aarde NO and Others (JR482/14) [2017] ZALCJHB 193 (13 March 2017)

POPCRU obo Palm v Van Aarde NO and Others (JR482/14) [2017] ZALCJHB 193 (13 March 2017)

The delay in filing the review application was inordinate, exceeding the statutory six-week period by over two years. The explanation for the delay, attributed to administrative issues within the union, was broad, general, and failed to account for the entire period. The applicants did not provide compelling reasons for the delay, and the court found the explanation unsatisfactory. Given the excessive delay and lack of a satisfactory explanation, the court held that it was unnecessary to consider the applicants' prospects of success. The application for condonation was refused. Furthermore, the court found no reason why costs should not be awarded against the applicants, as the opposition...

Citation
[2017] ZALCJHB 193
Parties
Applicant: POPCRU obo A C Palm; Respondent: M C Van Aarde N.O; Respondent: Safety & Security Sectoral Bargaining Council; Respondent: South African Police Services; Respondent: Minister of Police
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2017
Case Number
JR482/14
Procedural Posture
Review Application / Application for Condonation
Outcome
Condonation for the late filing of the review application is refused. The review application is dismissed with costs.
Judges
Van Niekerk
Legal Topics
Condonation, Review Application, Statutory Time Limits, Union Representation, Costs Order
Labour Law Condonation Review Application Statutory Time Limits Union Representation Costs Order

Case Brief

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Parties

POPCRU obo A C Palm

Applicant

M C Van Aarde N.O

Respondent

Safety & Security Sectoral Bargaining Council

Respondent

South African Police Services

Respondent

Minister of Police

Respondent

Procedural Posture

Review Application / Application for Condonation

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the explanation for the delay is satisfactory.
  3. 3 Whether the applicants' prospects of success are relevant given the extent of the delay.

Ratio Decidendi

The delay in filing the review application was inordinate, exceeding the statutory six-week period by over two years. The explanation for the delay, attributed to administrative issues within the union, was broad, general, and failed to account for the entire period. The applicants did not provide compelling reasons for the delay, and the court found the explanation unsatisfactory. Given the excessive delay and lack of a satisfactory explanation, the court held that it was unnecessary to consider the applicants' prospects of success. The application for condonation was refused. Furthermore, the court found no reason why costs should not be awarded against the applicants, as the opposition...

Court Disposition

Condonation for the late filing of the review application is refused. The review application is dismissed with costs.

Orders

  • Condonation for the late filing of the review application is refused.
  • The review application is dismissed with costs.