Rustenburg Platinum Mines Limited (Rustenburg Section) v Commission for Conciliation, Mediation and Arbitration and Others (JR958/05) [2007] ZALCJHB 24 (26 April 2007)

Rustenburg Platinum Mines Limited (Rustenburg Section) v Commission for Conciliation, Mediation and Arbitration and Others (JR958/05) [2007] ZALCJHB 24 (26 April 2007)

The court found that the respondents' application for condonation failed to comply with the established legal principles. The explanation for the four-month delay was inadequate, lacking critical details and failing to convince the court that the delay was justified. The assertion that communication was extremely difficult after the employee's return to Lesotho was unsupported and unconvincing. The court was not persuaded to take judicial notice of the alleged difficulties, as no evidence was provided regarding the employee's means or efforts to communicate or travel. Furthermore, there was no agreement between the parties to extend the filing period; the applicant's letter merely...

Citation
[2007] ZALCJHB 24
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 Johannesburg
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
Outcome
Application for condonation dismissed with costs. Review application to be set down on the unopposed roll.
Judges
Molahlehi
Legal Topics
Condonation, Late Filing of Affidavit, Unfair Dismissal, Review of Arbitration Award
Labour Law Civil Procedure Condonation Late Filing of Affidavit Unfair Dismissal Review of Arbitration Award

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

Legal Issues

  1. 1 Whether the late filing of the third and fourth respondents' opposing affidavit should be condoned.
  2. 2 Whether the explanation for the delay constitutes good cause.
  3. 3 Whether the absence of prejudice to the applicant justifies condonation.

Ratio Decidendi

The court found that the respondents' application for condonation failed to comply with the established legal principles. The explanation for the four-month delay was inadequate, lacking critical details and failing to convince the court that the delay was justified. The assertion that communication was extremely difficult after the employee's return to Lesotho was unsupported and unconvincing. The court was not persuaded to take judicial notice of the alleged difficulties, as no evidence was provided regarding the employee's means or efforts to communicate or travel. Furthermore, there was no agreement between the parties to extend the filing period; the applicant's letter merely...

Court Disposition

Application for condonation dismissed with costs. Review application to be set down on the unopposed roll.

Orders

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