SAPU obo Sekati v Sithole NO and Others (JR1127/17) [2019] ZALCJHB 322 (29 October 2019)

SAPU obo Sekati v Sithole NO and Others (JR1127/17) [2019] ZALCJHB 322 (29 October 2019)

The court found that the applicant's explanation for the 216-day delay in filing the review application was unsatisfactory and superficial. The applicant failed to provide a reasonable and acceptable explanation for the entire period of delay, and her reliance on the conduct of her union representatives and attorneys did not absolve her of responsibility. The court emphasized that, in the absence of a satisfactory explanation for an inordinate delay, the applicant's prospects of success are immaterial. The statutory imperative for expeditious dispute resolution in labour matters outweighed any public interest arguments advanced by the applicant. Consequently, condonation for the late...

Citation
[2019] ZALCJHB 322
Parties
Applicant: SAPU obo Makgetsi Rosinah Sekati; Respondent: S Sithole N.O.; Respondent: SSSBC; Respondent: SAPS; Respondent: Christina Smith
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 October 2019
Case Number
JR1127/17
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review; Review of Arbitration Award
Outcome
Condonation for the late filing of the review application is refused; the review application is dismissed.
Judges
Van Niekerk
Legal Topics
Condonation, Unfair Labour Practice, Promotion Dispute, Review of Arbitration Award, Statutory Time Limits
Labour Law Civil Procedure Condonation Unfair Labour Practice Promotion Dispute Review of Arbitration Award Statutory Time Limits

Case Brief

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Parties

SAPU obo Makgetsi Rosinah Sekati

Applicant

S Sithole N.O.

Respondent

SSSBC

Respondent

SAPS

Respondent

Christina Smith

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review; Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant provided a satisfactory explanation for the inordinate delay in filing the review application.
  2. 2 Whether condonation for the late filing of the review application should be granted.
  3. 3 Whether the applicant's prospects of success are relevant in the absence of a reasonable explanation for the delay.

Ratio Decidendi

The court found that the applicant's explanation for the 216-day delay in filing the review application was unsatisfactory and superficial. The applicant failed to provide a reasonable and acceptable explanation for the entire period of delay, and her reliance on the conduct of her union representatives and attorneys did not absolve her of responsibility. The court emphasized that, in the absence of a satisfactory explanation for an inordinate delay, the applicant's prospects of success are immaterial. The statutory imperative for expeditious dispute resolution in labour matters outweighed any public interest arguments advanced by the applicant. Consequently, condonation for the late...

Court Disposition

Condonation for the late filing of the review application is refused; the review application is dismissed.

Orders

  • Condonation for the late filing of the review application is refused.
  • The review application is dismissed.