Qhajana v Brown NO and Others (C511/2019) [2021] ZALCCT 85 (5 November 2021)

Qhajana v Brown NO and Others (C511/2019) [2021] ZALCCT 85 (5 November 2021)

The applicant failed to provide a reasonable and acceptable explanation for the lengthy delay in filing the review application, as the delay was primarily attributed to internal union processes without sufficient corroboration. The explanation did not justify the full period of delay, and the court reaffirmed that internal approval processes cannot override statutory deadlines. Furthermore, the applicant did not demonstrate reasonable prospects of success in the review, as the arbitrator's findings were supported by the evidence, including the unchallenged testimony regarding the force used and the context of the incident. The court held that, even disregarding the hearsay evidence and...

Citation
[2021] ZALCCT 85
Parties
Applicant: Zinzile Qhajana; Respondent: Commissioner John H Brown N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: South African Heritage Resources Agency
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
5 November 2021
Case Number
C511/2019
Procedural Posture
Review Application / Condonation and Review of Arbitration Award
Outcome
Condonation for the late filing of the review application is dismissed; consequently, the review application is also dismissed.
Judges
Lagrange
Legal Topics
Condonation, Review of Arbitration Award, Unfair Dismissal, Internal Union Delay
Labour Law Civil Procedure Condonation Review of Arbitration Award Unfair Dismissal Internal Union Delay

Case Brief

Summary, issues, holding and outcome

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Parties

Zinzile Qhajana

Applicant

Commissioner John H Brown N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

South African Heritage Resources Agency

Respondent

Procedural Posture

Review Application / Condonation and Review of Arbitration Award

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the applicant provided a reasonable and acceptable explanation for the delay.
  3. 3 Whether the applicant has reasonable prospects of success in the review application.

Ratio Decidendi

The applicant failed to provide a reasonable and acceptable explanation for the lengthy delay in filing the review application, as the delay was primarily attributed to internal union processes without sufficient corroboration. The explanation did not justify the full period of delay, and the court reaffirmed that internal approval processes cannot override statutory deadlines. Furthermore, the applicant did not demonstrate reasonable prospects of success in the review, as the arbitrator's findings were supported by the evidence, including the unchallenged testimony regarding the force used and the context of the incident. The court held that, even disregarding the hearsay evidence and...

Court Disposition

Condonation for the late filing of the review application is dismissed; consequently, the review application is also dismissed.

Orders

  • The applicant's condonation application for the late filing of his review application is dismissed.
  • The review application is dismissed.