Shaik v Commission for Conciliation, Mediation and Arbitration and Others (JR874/13) [2016] ZALCJHB 239 (8 July 2016)

Shaik v Commission for Conciliation, Mediation and Arbitration and Others (JR874/13) [2016] ZALCJHB 239 (8 July 2016)

The applicant failed to comply with the mandatory requirements of the Practice Manual by not filing the complete record within 60 days and not applying to the Judge President for an extension after consent was refused. The Practice Manual is binding and not merely a guideline. The applicant's attempts to reconstruct the record by engaging with the respondents were procedurally incorrect; he should have sought directions from the Judge President. The delay in filing the answering affidavit was not substantial and the reasons were accepted, but the applicant had no prospects of success in opposing the Rule 11 application. Consequently, the condonation application was dismissed, and the...

Citation
[2016] ZALCJHB 239
Parties
Applicant: Angelo Shaik; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Kekana, P N.O.; Respondent: Metix (Pty) Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 July 2016
Case Number
JR874/13
Procedural Posture
Review Application / Interlocutory Application for Dismissal of Review Due to Failure to Prosecute Timeously
Outcome
The applicant's condonation application is dismissed. The applicant's review application is dismissed. No order as to costs.
Judges
Jackson
Legal Topics
Practice Manual Compliance, Condonation, Review of Arbitration Award, Withdrawal of Application
Labour Law Civil Procedure Practice Manual Compliance Condonation Review of Arbitration Award Withdrawal of Application

Case Brief

Summary, issues, holding and outcome

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Parties

Angelo Shaik

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Kekana, P N.O.

Respondent

Metix (Pty) Limited

Respondent

Procedural Posture

Review Application / Interlocutory Application for Dismissal of Review Due to Failure to Prosecute Timeously

Legal Issues

  1. 1 Whether the applicant's failure to file the complete record within 60 days and failure to apply to the Judge President for extension results in the review application being deemed withdrawn.
  2. 2 Whether condonation should be granted for the late filing of the answering affidavit in the Rule 11 application.
  3. 3 Whether the applicant's attempts to reconstruct the record were procedurally correct under the Practice Manual.

Ratio Decidendi

The applicant failed to comply with the mandatory requirements of the Practice Manual by not filing the complete record within 60 days and not applying to the Judge President for an extension after consent was refused. The Practice Manual is binding and not merely a guideline. The applicant's attempts to reconstruct the record by engaging with the respondents were procedurally incorrect; he should have sought directions from the Judge President. The delay in filing the answering affidavit was not substantial and the reasons were accepted, but the applicant had no prospects of success in opposing the Rule 11 application. Consequently, the condonation application was dismissed, and the...

Court Disposition

The applicant's condonation application is dismissed. The applicant's review application is dismissed. No order as to costs.

Orders

  • The applicant's condonation application is dismissed.
  • The applicant's review application is dismissed.