Sehwana and Others v Meribrite (PTY) Ltd (Bendor Engen) (JR 443/2018) [2022] ZALCJHB 205 (2 August 2022)

Sehwana and Others v Meribrite (PTY) Ltd (Bendor Engen) (JR 443/2018) [2022] ZALCJHB 205 (2 August 2022)

The court found that the delay in filing the statement of claim was significant but not excessive, and the explanation for the delay was satisfactory. The delay was attributed to the ineptitude of the applicants' attorney rather than the applicants themselves. The applicants acted promptly when directed by the court and demonstrated an intent to pursue the dispute. The court held that the interests of justice are best served by granting condonation, as the applicants should not be prejudiced for their attorney's procedural errors. The prospects of success were considered a neutral factor, and the matter remains ripe for hearing. Each party was ordered to bear its own costs.

Citation
[2022] ZALCJHB 205
Parties
Applicant: Matebeta Abram Sehwana; Applicant: Ratsoma Ann; Applicant: Legodi Jack; Applicant: Legwadi Lucas; Applicant: Legwadi Maria; Applicant: Mabotja Collins; Applicant: Manganyi Bernard; Applicant: Mokwena Moses; Applicant: Mothapo Christina; Applicant: Manoko Rethabile; Applicant: Mothapo Sarah; Applicant: Madubanya Maria; Applicant: Mokwela Velminah; Applicant: Letsoalo Magdeline; Applicant: Molepo Elsi; Applicant: MabitseIa Frank; Applicant: Chweu Hellen; Applicant: Ledwaba Paul; Applicant: Kgasago Chueni; Applicant: Baloyi Elizabeth; Applicant: Lekala Benny; Applicant: Ramoroko Isaac; Applicant: Selepe Silver; Applicant: Mafoika Crause; Applicant: Mphela Kenneth; Applicant: Matlou Paulina; Applicant: Rammala Vincent; Applicant: Mahuma Titus; Applicant: Mabotja Bernard; Respondent: Meribrite (PTY) Ltd (Bendor Engen)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 August 2022
Case Number
JR 443/2018
Procedural Posture
Condonation Application / Application for Condonation of Late Referral
Outcome
Condonation for the late filing of the applicants' statement of claim is granted. Each party is to bear its own costs.
Judges
Van Niekerk
Legal Topics
Condonation, Late Referral, Unfair Dismissal, Rule 6 Procedure
Labour Law Civil Procedure Condonation Late Referral Unfair Dismissal Rule 6 Procedure

Case Brief

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Parties

Matebeta Abram Sehwana

Applicant

Ratsoma Ann

Applicant

Legodi Jack

Applicant

Legwadi Lucas

Applicant

Legwadi Maria

Applicant

Mabotja Collins

Applicant

Manganyi Bernard

Applicant

Mokwena Moses

Applicant

Mothapo Christina

Applicant

Manoko Rethabile

Applicant

Mothapo Sarah

Applicant

Madubanya Maria

Applicant

Mokwela Velminah

Applicant

Letsoalo Magdeline

Applicant

Molepo Elsi

Applicant

MabitseIa Frank

Applicant

Chweu Hellen

Applicant

Ledwaba Paul

Applicant

Kgasago Chueni

Applicant

Baloyi Elizabeth

Applicant

Lekala Benny

Applicant

Ramoroko Isaac

Applicant

Selepe Silver

Applicant

Mafoika Crause

Applicant

Mphela Kenneth

Applicant

Matlou Paulina

Applicant

Rammala Vincent

Applicant

Mahuma Titus

Applicant

Mabotja Bernard

Applicant

Meribrite (PTY) Ltd (Bendor Engen)

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Referral

Legal Issues

  1. 1 Whether the applicants have provided a satisfactory explanation for the late filing of their statement of claim.
  2. 2 Whether the delay in referral is inordinate and whether condonation should be granted.
  3. 3 Whether the applicants' prospects of success and prejudice to the parties justify condonation.

Ratio Decidendi

The court found that the delay in filing the statement of claim was significant but not excessive, and the explanation for the delay was satisfactory. The delay was attributed to the ineptitude of the applicants' attorney rather than the applicants themselves. The applicants acted promptly when directed by the court and demonstrated an intent to pursue the dispute. The court held that the interests of justice are best served by granting condonation, as the applicants should not be prejudiced for their attorney's procedural errors. The prospects of success were considered a neutral factor, and the matter remains ripe for hearing. Each party was ordered to bear its own costs.

Court Disposition

Condonation for the late filing of the applicants' statement of claim is granted. Each party is to bear its own costs.

Orders

  • The late filing of the applicants' statement of claim is condoned.
  • The registrar is directed to allocate a trial date.