Segakweng v Commission for Conciliation, Mediation and Arbitration and Others (JR 848/15) [2020] ZALCJHB 243 (14 September 2020)

Segakweng v Commission for Conciliation, Mediation and Arbitration and Others (JR 848/15) [2020] ZALCJHB 243 (14 September 2020)

The applicant failed to provide a satisfactory and acceptable explanation for the excessive delay in filing the record and supplementary affidavit, with most reasons relating to internal union issues and personal circumstances that do not constitute valid grounds for condonation. The request for extension was made two years after the deadline, which is unreasonable. The applicant's reliance on union difficulties and inability to pay legal fees is not sustainable, especially as the union was responsible for costs. The applicant's prospects of success in the review are non-existent, as the arbitration award was detailed, reasonable, and supported by evidence. The interests of justice do not...

Citation
[2020] ZALCJHB 243
Parties
Applicant: Godfrey Segakweng; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Eric Myhill N.O; Respondent: South African Post Office
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 September 2020
Case Number
JR 848/15
Procedural Posture
Review Application / Application for Condonation and Reinstatement of Review
Outcome
Application for condonation and reinstatement of review dismissed; review application dismissed; no order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Condonation, Review of Arbitration Award, Practice Manual Compliance, Unfair Dismissal, Procedural Fairness
Labour Law Civil Procedure Condonation Review of Arbitration Award Practice Manual Compliance Unfair Dismissal Procedural Fairness

Case Brief

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Parties

Godfrey Segakweng

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Eric Myhill N.O

Respondent

South African Post Office

Respondent

Procedural Posture

Review Application / Application for Condonation and Reinstatement of Review

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the record and supplementary affidavit.
  2. 2 Whether the review application should be reinstated after being deemed withdrawn and archived.
  3. 3 Whether the applicant's explanation for delay is reasonable and acceptable.

Ratio Decidendi

The applicant failed to provide a satisfactory and acceptable explanation for the excessive delay in filing the record and supplementary affidavit, with most reasons relating to internal union issues and personal circumstances that do not constitute valid grounds for condonation. The request for extension was made two years after the deadline, which is unreasonable. The applicant's reliance on union difficulties and inability to pay legal fees is not sustainable, especially as the union was responsible for costs. The applicant's prospects of success in the review are non-existent, as the arbitration award was detailed, reasonable, and supported by evidence. The interests of justice do not...

Court Disposition

Application for condonation and reinstatement of review dismissed; review application dismissed; no order as to costs.

Orders

  • The application for condonation for the late filing of the record and supplementary affidavit is dismissed.
  • The application to reinstate the review application is dismissed.