Rustenburg Transitional Local counsel v Siele and Others (J1401/98) [1999] ZALC 125 (18 August 1999)

Rustenburg Transitional Local counsel v Siele and Others (J1401/98) [1999] ZALC 125 (18 August 1999)

The Labour Court has jurisdiction to condone late filing of review applications under section 145 of the Labour Relations Act, as supported by previous decisions and the reasoning in Kruger & another v MacGregor NO & another. However, the applicant failed to provide a reasonable and acceptable explanation for the substantial delay of nearly 14 weeks beyond the statutory six-week period. The explanation was inadequate, lacked detail, and did not cover the entire period. Most of the explanation was raised for the first time in reply and was still insufficient. The applicant's attorney failed to act with urgency and diligence, and the applicant cannot rely on the attorney's negligence. No...

Citation
[1999] ZALC 125
Parties
Applicant: Rustenburg Transitional Local Council; Respondent: M S Siele NO; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Independent Municipal & Allied Trade Union
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
18 August 1999
Case Number
J1401/98
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review Under Section 145 of the Labour Relations Act
Outcome
Application for condonation refused; review application dismissed; costs awarded against applicant.
Judges
Stelzner
Legal Topics
Condonation, Late Filing of Review, Arbitration Award, Labour Relations Act Section 145, Good Cause Requirement
Labour Law Civil Procedure Condonation Late Filing of Review Arbitration Award Labour Relations Act Section 145 Good Cause Requirement

Case Brief

Summary, issues, holding and outcome

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Parties

Rustenburg Transitional Local Council

Applicant

M S Siele NO

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

Independent Municipal & Allied Trade Union

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review Under Section 145 of the Labour Relations Act

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to condone the late filing of a review application under section 145 of the Labour Relations Act.
  2. 2 Whether the applicant has shown good cause for condonation of the late filing of the review application.
  3. 3 Whether the explanation for the delay is reasonable and acceptable.

Ratio Decidendi

The Labour Court has jurisdiction to condone late filing of review applications under section 145 of the Labour Relations Act, as supported by previous decisions and the reasoning in Kruger & another v MacGregor NO & another. However, the applicant failed to provide a reasonable and acceptable explanation for the substantial delay of nearly 14 weeks beyond the statutory six-week period. The explanation was inadequate, lacked detail, and did not cover the entire period. Most of the explanation was raised for the first time in reply and was still insufficient. The applicant's attorney failed to act with urgency and diligence, and the applicant cannot rely on the attorney's negligence. No...

Court Disposition

Application for condonation refused; review application dismissed; costs awarded against applicant.

Orders

  • The application for condonation is refused and, accordingly, the application in terms of section 145 of the Labour Relations Act is dismissed.
  • The applicant is ordered to pay the third respondent's costs.