Sihlali and Others v South African Local Government Bargaining Council and Others (JR1544/18) [2021] ZALCJHB 199 (29 July 2021)

Sihlali and Others v South African Local Government Bargaining Council and Others (JR1544/18) [2021] ZALCJHB 199 (29 July 2021)

The court found that the applicants provided a reasonable explanation for their delay, as they pursued an incorrect legal remedy based on advice, and were not mala fide in their default. The prospects of success were strong, given that the jurisdictional ruling was made without affording the applicants an opportunity to present evidence on their employment status, which was central to the dispute. The court held that the second respondent's conduct amounted to a gross irregularity, as the jurisdictional issue was intricately linked to the merits and should have been determined with evidence. The importance of the matter, involving 97 applicants, further weighed in favour of granting...

Citation
[2021] ZALCJHB 199
Parties
Applicant: Sitha Sihlali and 96 Others; Respondent: South African Local Government Bargaining Council; Respondent: Rhulani Marivate N.O.; Respondent: Joseph Mphaphuli N.O.; Respondent: City of Tshwane Metropolitan Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 July 2021
Case Number
JR1544/18
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
The late filing of the review application is condoned; the jurisdictional ruling is reviewed and set aside; the matter is remitted for hearing de novo before a different commissioner; no order as to costs.
Judges
T Manchu
Legal Topics
Condonation, Jurisdictional Ruling, Unfair Dismissal, Review of Arbitration Award
Labour Law Civil Procedure Condonation Jurisdictional Ruling Unfair Dismissal Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Sitha Sihlali and 96 Others

Applicant

South African Local Government Bargaining Council

Respondent

Rhulani Marivate N.O.

Respondent

Joseph Mphaphuli N.O.

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the applicants have made out a case for condonation for the late filing of the review application.
  2. 2 Whether the second respondent committed a reviewable irregularity by making a jurisdictional ruling without affording the applicants an opportunity to present evidence.
  3. 3 Whether the matter should be remitted for hearing de novo before a different commissioner.

Ratio Decidendi

The court found that the applicants provided a reasonable explanation for their delay, as they pursued an incorrect legal remedy based on advice, and were not mala fide in their default. The prospects of success were strong, given that the jurisdictional ruling was made without affording the applicants an opportunity to present evidence on their employment status, which was central to the dispute. The court held that the second respondent's conduct amounted to a gross irregularity, as the jurisdictional issue was intricately linked to the merits and should have been determined with evidence. The importance of the matter, involving 97 applicants, further weighed in favour of granting...

Court Disposition

The late filing of the review application is condoned; the jurisdictional ruling is reviewed and set aside; the matter is remitted for hearing de novo before a different commissioner; no order as to costs.

Orders

  • The late filing of the review application against the jurisdictional ruling by the second respondent, dated 22 June 2017, is hereby condoned.
  • The ruling made by the second respondent is hereby reviewed and set aside.