Seleke v Commission for Conciliation, Mediation and Arbitration and Others (JR2309/2017) [2021] ZALCJHB 261 (30 August 2021)

Seleke v Commission for Conciliation, Mediation and Arbitration and Others (JR2309/2017) [2021] ZALCJHB 261 (30 August 2021)

The applicant failed to provide a reasonable and detailed explanation for the excessive delay in filing both the review application and the transcribed record with the supplementary affidavit. The explanations offered were vague, lacked specific dates, and did not account for significant periods of inactivity. The...

Source-derived case information.

Citation
[2021] ZALCJHB 261
Parties
Applicant: Othusitse Isop Seleke; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Matane Victor Sehunane N O; Respondent: Little Green Beverages (Pty) Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 August 2021
Case Number
JR2309/2017
Procedural Posture
Review Application / Condonation Application for Late Review and Record Filing; Application to Reinstate Review
Outcome
Condonation for the late filing of the review application and the record is refused. The review application is deemed withdrawn and struck from the roll. No order as to costs.
Judges
F Coetzee
Legal Topics
Condonation, Review of Arbitration Award, Practice Manual Compliance, Late Filing, Jurisdiction
Labour Law Civil Procedure Condonation Review of Arbitration Award Practice Manual Compliance Late Filing Jurisdiction

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Summary, issues, holding and outcome

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Parties

Othusitse Isop Seleke

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Matane Victor Sehunane N O

Respondent

Little Green Beverages (Pty) Limited

Respondent

Procedural Posture

Review Application / Condonation Application for Late Review and Record Filing; Application to Reinstate Review

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for the late filing of the review application.
  2. 2 Whether the applicant provided a reasonable explanation for the late filing of the transcribed record and supplementary affidavit.
  3. 3 Whether the applicant established prospects of success in the review application.

Ratio Decidendi

The applicant failed to provide a reasonable and detailed explanation for the excessive delay in filing both the review application and the transcribed record with the supplementary affidavit. The explanations offered were vague, lacked specific dates, and did not account for significant periods of inactivity. The applicant did not substantiate his claim of prospects of success, merely making a bald assertion without reference to the arbitration award or grounds for review. In accordance with established legal principles, where the delay is inordinate and not satisfactorily explained, prospects of success become irrelevant. The Practice Manual deems the review application withdrawn if the...

Court Disposition

Condonation for the late filing of the review application and the record is refused. The review application is deemed withdrawn and struck from the roll. No order as to costs.

Orders

  • The application for condonation for the late filing of the review is dismissed with no order as to costs.
  • The review application is deemed withdrawn and the application to reinstate (or condone) the review application is dismissed with no order as to costs.