Sekwati and Others v Member of the Executive Council Health and Welfare, Northern Province and Others (J3696/99) [2000] ZALC 148 (3 October 2000)

Sekwati and Others v Member of the Executive Council Health and Welfare, Northern Province and Others (J3696/99) [2000] ZALC 148 (3 October 2000)

The court found that the applicants failed to institute review proceedings within the prescribed time limits and did not provide a satisfactory explanation for the delay. The application for condonation was not properly made out in the founding papers, which constituted an abuse of process. The delay of nearly three years was excessive and comparable to other cases where condonation was refused. The respondents would suffer severe prejudice due to the loss of portions of the record, the filling of the applicants' positions, and the inability to resolve disputes of fact. The applicants did not apply for condonation as directed by the arbitrator and failed to pursue arbitration, which would...

Citation
[2000] ZALC 148
Parties
Applicant: Anthony Sekwati; Applicant: P. Maloma; Applicant: A.M. Makwana; Applicant: M.A. Moraila; Applicant: Isaac Selala; Applicant: Isaiah Komane; Applicant: Agnes Maitja; Respondent: Member of Executive Council Health and Welfare, Northern Province; Respondent: Director-General, Northern Province; Respondent: Aubrey Bouwer
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
3 October 2000
Case Number
J3696/99
Procedural Posture
Review Application / Application for Condonation of Late Review; in Limine
Outcome
Application for condonation refused with costs.
Judges
Pillay
Legal Topics
Condonation, Unfair Dismissal, Disciplinary Enquiry, Review Proceedings, Public Service Act, Delay Prejudice
Labour Law Civil Procedure Condonation Unfair Dismissal Disciplinary Enquiry Review Proceedings Public Service Act Delay Prejudice

Case Brief

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Parties

Anthony Sekwati

Applicant

P. Maloma

Applicant

A.M. Makwana

Applicant

M.A. Moraila

Applicant

Isaac Selala

Applicant

Isaiah Komane

Applicant

Agnes Maitja

Applicant

Member of Executive Council Health and Welfare, Northern Province

Respondent

Director-General, Northern Province

Respondent

Aubrey Bouwer

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Review; in Limine

Legal Issues

  1. 1 Whether the applicants' delay in instituting review proceedings should be condoned.
  2. 2 Whether the review application was brought within a reasonable period as required by law.
  3. 3 Whether the respondents would suffer prejudice due to the delay and incomplete record.

Ratio Decidendi

The court found that the applicants failed to institute review proceedings within the prescribed time limits and did not provide a satisfactory explanation for the delay. The application for condonation was not properly made out in the founding papers, which constituted an abuse of process. The delay of nearly three years was excessive and comparable to other cases where condonation was refused. The respondents would suffer severe prejudice due to the loss of portions of the record, the filling of the applicants' positions, and the inability to resolve disputes of fact. The applicants did not apply for condonation as directed by the arbitrator and failed to pursue arbitration, which would...

Court Disposition

Application for condonation refused with costs.

Orders

  • The application for condonation of the delay in instituting review proceedings is refused.
  • The applicants are ordered to pay the costs of the application.