Ricks Cafe Americain (Pty) Ltd v Pienaar NO and Others (C301/2017) [2020] ZALCCT 9 (7 May 2020)

Ricks Cafe Americain (Pty) Ltd v Pienaar NO and Others (C301/2017) [2020] ZALCCT 9 (7 May 2020)

The court found that although the delay in launching the review application was two months, it was not excessive. The explanation provided, while not detailed, was sufficient to show that administrative problems at the court contributed to the delay. The applicant demonstrated reasonable prospects of success in the review, particularly given the seriousness of the alleged misconduct and the award made. As the application was unopposed and there was no prejudice to the third respondent, the interests of justice warranted granting condonation and leave to supplement the founding affidavit.

Citation
[2020] ZALCCT 9
Parties
Applicant: Ricks Cafe Americain (Pty) Ltd; Respondent: Jacques Pienaar N.O.; Respondent: CCMA; Respondent: Tshindaya Moise Kanyemiba
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
7 May 2020
Case Number
C301/2017
Procedural Posture
Review Application / Condonation and Leave to Supplement Founding Affidavit
Outcome
Condonation for the late launching of the review application is granted. Leave to supplement the founding affidavit is granted.
Judges
Rabkin-Naicker
Legal Topics
Condonation for Late Filing, Review of Arbitration Award, Supplementing Founding Affidavit
Labour Law Civil Procedure Condonation for Late Filing Review of Arbitration Award Supplementing Founding Affidavit

Case Brief

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Parties

Ricks Cafe Americain (Pty) Ltd

Applicant

Jacques Pienaar N.O.

Respondent

CCMA

Respondent

Tshindaya Moise Kanyemiba

Respondent

Procedural Posture

Review Application / Condonation and Leave to Supplement Founding Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late launching of the review application.
  2. 2 Whether leave should be granted to supplement the founding affidavit in the review application.

Ratio Decidendi

The court found that although the delay in launching the review application was two months, it was not excessive. The explanation provided, while not detailed, was sufficient to show that administrative problems at the court contributed to the delay. The applicant demonstrated reasonable prospects of success in the review, particularly given the seriousness of the alleged misconduct and the award made. As the application was unopposed and there was no prejudice to the third respondent, the interests of justice warranted granting condonation and leave to supplement the founding affidavit.

Court Disposition

Condonation for the late launching of the review application is granted. Leave to supplement the founding affidavit is granted.

Orders

  • The application for condonation is granted.
  • The applicant is given leave to supplement his founding papers in the review within 15 days of receipt of this order.