Sidas Security v Commission for Conciliation, Mediation and Arbitration and Others (PR97/20) [2021] ZALCPE 10; (2022) 43 ILJ 934 (LC) (26 October 2021)

Sidas Security v Commission for Conciliation, Mediation and Arbitration and Others (PR97/20) [2021] ZALCPE 10; (2022) 43 ILJ 934 (LC) (26 October 2021)

The court held that the review application was deemed withdrawn by operation of law under the Practice Manual, as the applicant failed to file the record within the prescribed period. Consequently, there was no longer a lis before the court, rendering the dismissal application moot and incompetent. However, due to uncertainty regarding enforcement of the arbitration award and the approach adopted by the Sheriff, the court issued a declaratory order confirming the withdrawal of the review application and authorising the Sheriff to execute on the award. The furnishing of security under section 145(7) of the LRA does not prevent execution where the review is deemed withdrawn. No costs order...

Citation
[2021] ZALCPE 10
Parties
Applicant: Sidas Security; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Christopher Vuyisile Bliya; Respondent: Anele Totolo
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
26 October 2021
Case Number
PR97/20
Procedural Posture
Review Application / Application to Dismiss Review; Review Deemed Withdrawn
Outcome
Application to dismiss the review application refused; declaratory order issued confirming withdrawal and authorising execution.
Judges
Kroon
Legal Topics
Review Application Withdrawal, Practice Manual Compliance, Enforcement of Arbitration Award, Furnishing Security, Declaratory Relief
Labour Law Civil Procedure Review Application Withdrawal Practice Manual Compliance Enforcement of Arbitration Award Furnishing Security Declaratory Relief

Case Brief

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Parties

Sidas Security

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Christopher Vuyisile Bliya

Respondent

Anele Totolo

Respondent

Procedural Posture

Review Application / Application to Dismiss Review; Review Deemed Withdrawn

Legal Issues

  1. 1 Whether the review application is deemed withdrawn under the Practice Manual.
  2. 2 Whether the dismissal application is competent when the review is deemed withdrawn.
  3. 3 Whether the Sheriff may execute on the arbitration award despite security being furnished.

Ratio Decidendi

The court held that the review application was deemed withdrawn by operation of law under the Practice Manual, as the applicant failed to file the record within the prescribed period. Consequently, there was no longer a lis before the court, rendering the dismissal application moot and incompetent. However, due to uncertainty regarding enforcement of the arbitration award and the approach adopted by the Sheriff, the court issued a declaratory order confirming the withdrawal of the review application and authorising the Sheriff to execute on the award. The furnishing of security under section 145(7) of the LRA does not prevent execution where the review is deemed withdrawn. No costs order...

Court Disposition

Application to dismiss the review application refused; declaratory order issued confirming withdrawal and authorising execution.

Orders

  • The application to dismiss the review application is refused.
  • It is declared that the review application brought under case number PR97/20 is deemed to have been withdrawn.