Sampson v Minister of Justice and Constitutional Development (PR85/21) [2024] ZALCPE 43 (12 November 2024)

Sampson v Minister of Justice and Constitutional Development (PR85/21) [2024] ZALCPE 43 (12 November 2024)

The court found that while condonation for the late filing of the answering affidavit should be granted, the application for review must fail because there was no reviewable decision as contemplated by section 158(1)(h) of the Labour Relations Act. The respondent had not yet complied with the Free State High Court order to consider the applicant's representations, and thus no final decision had been made on those representations. The letter dated 18 March 2021 did not constitute a reviewable administrative act, as it was overtaken by the subsequent court order. Without a jurisdictional fact in the form of a decision, the Labour Court lacked the authority to review and set aside the...

Citation
[2024] ZALCPE 43
Parties
Applicant: PSA obo Darren Rogger Sampson; Respondent: Minister of Justice and Constitutional Development
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
12 November 2024
Case Number
PR85/21
Procedural Posture
Review Application / Judgment
Outcome
Application for condonation granted; review application dismissed; no order as to costs.
Judges
MZN Lallie
Legal Topics
Condonation, Jurisdictional Fact, Review of Administrative Action, Public Service Act, Promotion of Administrative Justice Act
Labour Law Administrative Law Condonation Jurisdictional Fact Review of Administrative Action Public Service Act Promotion of Administrative Justice Act

Case Brief

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Parties

PSA obo Darren Rogger Sampson

Applicant

Minister of Justice and Constitutional Development

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the answering affidavit.
  2. 2 Whether there exists a reviewable decision as contemplated by section 158(1)(h) of the Labour Relations Act.
  3. 3 Whether the respondent's letter dated 18 March 2021 constitutes a decision subject to review.

Ratio Decidendi

The court found that while condonation for the late filing of the answering affidavit should be granted, the application for review must fail because there was no reviewable decision as contemplated by section 158(1)(h) of the Labour Relations Act. The respondent had not yet complied with the Free State High Court order to consider the applicant's representations, and thus no final decision had been made on those representations. The letter dated 18 March 2021 did not constitute a reviewable administrative act, as it was overtaken by the subsequent court order. Without a jurisdictional fact in the form of a decision, the Labour Court lacked the authority to review and set aside the...

Court Disposition

Application for condonation granted; review application dismissed; no order as to costs.

Orders

  • The application for condonation of the late filing of the answering affidavit is granted.
  • The point in limine that there is no decision to be reviewed and set aside is upheld.