Rustenburg Platinum Mines Limited (Rustenburg Section) v Commission for Conciliation Mediation and Arbitration and Others (JR958/05) [2007] ZALC 29 (26 April 2007)

Rustenburg Platinum Mines Limited (Rustenburg Section) v Commission for Conciliation Mediation and Arbitration and Others (JR958/05) [2007] ZALC 29 (26 April 2007)

The court found that the respondents' explanation for the four-month delay in filing the opposing affidavit was wholly inadequate and lacked critical detail. The assertion that communication was 'extremely difficult' after the employee returned to Lesotho was unconvincing and unsupported by evidence. The court was not persuaded that judicial notice should be taken of the alleged inability to communicate or travel due to financial constraints. There was no evidence of an agreement between the parties to extend the filing period, and the respondents failed to explain the delay between consulting their attorneys and filing the affidavit. The application for condonation did not address...

Citation
[2007] ZALC 29
Parties
Applicant: Rustenburg Platinum Mines Limited (Rustenburg Section); Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Ramolatja A. N.O.; Respondent: National Union of Mineworkers; Respondent: Paulo F
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 April 2007
Case Number
JR958/05
Procedural Posture
Review Application / Application for Condonation for Late Filing of Opposing Affidavit in Review Proceedings
Outcome
Condonation for the late filing of the opposing affidavit is refused. The review application is to be set down on the unopposed roll.
Judges
Molahlhehi
Legal Topics
Condonation, Unfair Dismissal, Review of Arbitration Award, Late Filing of Affidavit
Labour Law Civil Procedure Condonation Unfair Dismissal Review of Arbitration Award Late Filing of Affidavit

Case Brief

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Parties

Rustenburg Platinum Mines Limited (Rustenburg Section)

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Ramolatja A. N.O.

Respondent

National Union of Mineworkers

Respondent

Paulo F

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Opposing Affidavit in Review Proceedings

Legal Issues

  1. 1 Whether the late filing of the third and fourth respondents' opposing affidavit in the review application should be condoned.
  2. 2 Whether the explanation for the delay constitutes good cause under the Labour Court rules.
  3. 3 Whether any agreement existed between the parties regarding the late filing and its effect on condonation.

Ratio Decidendi

The court found that the respondents' explanation for the four-month delay in filing the opposing affidavit was wholly inadequate and lacked critical detail. The assertion that communication was 'extremely difficult' after the employee returned to Lesotho was unconvincing and unsupported by evidence. The court was not persuaded that judicial notice should be taken of the alleged inability to communicate or travel due to financial constraints. There was no evidence of an agreement between the parties to extend the filing period, and the respondents failed to explain the delay between consulting their attorneys and filing the affidavit. The application for condonation did not address...

Court Disposition

Condonation for the late filing of the opposing affidavit is refused. The review application is to be set down on the unopposed roll.

Orders

  • The application for condonation is dismissed with costs.
  • The review application should be set down on the unopposed roll.