SAPU obo H C Venter v The Safety and Security Sectoral Bargaining Council (C1034/2018) [2022] ZALCCT 35 (30 June 2022)

SAPU obo H C Venter v The Safety and Security Sectoral Bargaining Council (C1034/2018) [2022] ZALCCT 35 (30 June 2022)

The court found that the applicant filed the record outside the 60-day period required by the Labour Court Practice Manual, resulting in the review application being deemed withdrawn. Although the applicant sought condonation for the late filing and demonstrated reasonable diligence in attempting to obtain the record, there was a gap in the explanation for part of the delay. The court accepted that condonation might be granted, but, following the precedent in Macsteel Trading Wadeville v Van der Merwe NO & others, held that it lacked jurisdiction to consider the review application until a successful application for reinstatement was made. Accordingly, the review application was struck off...

Citation
[2022] ZALCCT 35
Parties
Applicant: SAPU obo H C Venter; Respondent: The Safety and Security Sectoral Bargaining Council; Respondent: Commissioner Maodi (N.O.); Respondent: The South African Police Services
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
30 June 2022
Case Number
C1034/2018
Procedural Posture
Review Application / Application to Review and Set Aside Arbitration Award; Condonation for Late Filing of Record; Jurisdictional Challenge
Outcome
Application struck off the roll for want of jurisdiction.
Judges
Lagrange
Legal Topics
Condonation for Late Filing, Practice Manual Compliance, Jurisdiction of Labour Court, Review of Arbitration Award
Labour Law Civil Procedure Condonation for Late Filing Practice Manual Compliance Jurisdiction of Labour Court Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

SAPU obo H C Venter

Applicant

The Safety and Security Sectoral Bargaining Council

Respondent

Commissioner Maodi (N.O.)

Respondent

The South African Police Services

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside Arbitration Award; Condonation for Late Filing of Record; Jurisdictional Challenge

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to entertain the review application in the absence of an application to reinstate the review deemed withdrawn under the Practice Manual.
  2. 2 Whether condonation for the late filing of the record should be granted.
  3. 3 Whether the applicant's efforts to obtain the record constitute reasonable diligence.

Ratio Decidendi

The court found that the applicant filed the record outside the 60-day period required by the Labour Court Practice Manual, resulting in the review application being deemed withdrawn. Although the applicant sought condonation for the late filing and demonstrated reasonable diligence in attempting to obtain the record, there was a gap in the explanation for part of the delay. The court accepted that condonation might be granted, but, following the precedent in Macsteel Trading Wadeville v Van der Merwe NO & others, held that it lacked jurisdiction to consider the review application until a successful application for reinstatement was made. Accordingly, the review application was struck off...

Court Disposition

Application struck off the roll for want of jurisdiction.

Orders

  • The review application is struck off the roll for want of jurisdiction.
  • If the applicant wishes to bring an application to reinstate the review application, it must be filed by 31 July 2022. Affidavits already filed in the condonation application may serve as part of the record of that application.