RAWU obo Ngweletsana v PT Operational Services (Pty) Ltd and Others (JR 1777/06) [2010] ZALC 16; (2010) 31 ILJ 1926 (LC) (1 February 2010)

RAWU obo Ngweletsana v PT Operational Services (Pty) Ltd and Others (JR 1777/06) [2010] ZALC 16; (2010) 31 ILJ 1926 (LC) (1 February 2010)

The court held that the doctrine of functus officio applies to CCMA rulings and awards. Once a commissioner has made a final decision, they are not empowered to revisit or rescind that decision except as specifically permitted by section 144 of the LRA. The subsequent rulings of 26 February 2007, 10 May 2007, and 3 July 2007 were unlawful as they constituted a revisiting of a final decision without statutory authority. The only lawful course for the first respondent was to seek review of the original dismissal of the rescission application. The court found that the defences of delay and lis pendens raised by the first respondent were unsustainable, as the relevant application was...

Citation
[2010] ZALC 16
Parties
Applicant: RAWU obo L Ngweletsana; Respondent: PT Operational Services (Pty) Ltd; Respondent: Lance Celliers N.O; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: F Mashaba N.O
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 February 2010
Case Number
JR 1777/06
Procedural Posture
Review Application / Judgment After Consolidated Review and Section 158(1)(c) Application
Outcome
The court reviewed and set aside the rulings of 26 February 2007, 10 May 2007, and 3 July 2007. The default award issued on 5 February 2004 was made an order of court. Costs were awarded against the first respondent.
Judges
G N Moshoana
Legal Topics
Functus Officio, Review of Ccma Rulings, Rescission of Award, Section 158 1 C Application, Prescription Act, Administrative Action
Labour Law Civil Procedure Functus Officio Review of Ccma Rulings Rescission of Award Section 158 1 C Application Prescription Act Administrative Action

Case Brief

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Parties

RAWU obo L Ngweletsana

Applicant

PT Operational Services (Pty) Ltd

Respondent

Lance Celliers N.O

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

F Mashaba N.O

Respondent

Procedural Posture

Review Application / Judgment After Consolidated Review and Section 158(1)(c) Application

Legal Issues

  1. 1 Does the doctrine of functus officio apply to CCMA rulings and awards?
  2. 2 Are CCMA commissioners empowered under the LRA to revisit or rescind their own decisions?
  3. 3 Were the rulings of 26 February 2007, 10 May 2007, and 3 July 2007 lawfully issued?

Ratio Decidendi

The court held that the doctrine of functus officio applies to CCMA rulings and awards. Once a commissioner has made a final decision, they are not empowered to revisit or rescind that decision except as specifically permitted by section 144 of the LRA. The subsequent rulings of 26 February 2007, 10 May 2007, and 3 July 2007 were unlawful as they constituted a revisiting of a final decision without statutory authority. The only lawful course for the first respondent was to seek review of the original dismissal of the rescission application. The court found that the defences of delay and lis pendens raised by the first respondent were unsustainable, as the relevant application was...

Court Disposition

The court reviewed and set aside the rulings of 26 February 2007, 10 May 2007, and 3 July 2007. The default award issued on 5 February 2004 was made an order of court. Costs were awarded against the first respondent.

Orders

  • The three applications are consolidated for the purpose of hearing.
  • The rulings of 26 February 2007, 10 May 2007, and 3 July 2007 are reviewed and set aside.