South African Police Services v Coericius and Others (C263/19) [2021] ZALCCT 64 (30 August 2021)

South African Police Services v Coericius and Others (C263/19) [2021] ZALCCT 64 (30 August 2021)

The applicant failed to comply with Clause 11.2.3 of the Practice Manual by not filing the complete record within the prescribed period and did not properly seek condonation or reinstatement of the review application. The applicant's argument that partial filing of the record sufficed was rejected as contrary to the...

Source-derived case information.

Citation
[2021] ZALCCT 64
Parties
Applicant: THE SOUTH AFRICAN POLICE SERVICES; Respondent: GERHARD COERICIUS; Respondent: THE SAFETY AND SECURITY SECTORAL BARGAINING COUNCIL; Respondent: JM MTHUKWANE N.O.; Respondent: THUTHUZELA NDZOMBANE N.O.
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
30 August 2021
Case Number
C263/19
Procedural Posture
Review Application / Rule 11 Application to Dismiss Review for Lack of Prosecution
Outcome
Review application dismissed with costs; award and ruling stand.
Judges
Rabkin-Naicker
Legal Topics
Practice Manual Compliance, Condonation, Review Application Dismissal, Rule 11 Application, Jurisdiction, Expeditious Dispute Resolution
Labour Law Civil Procedure Practice Manual Compliance Condonation Review Application Dismissal Rule 11 Application Jurisdiction Expeditious Dispute Resolution

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Parties

THE SOUTH AFRICAN POLICE SERVICES

Applicant

GERHARD COERICIUS

Respondent

THE SAFETY AND SECURITY SECTORAL BARGAINING COUNCIL

Respondent

JM MTHUKWANE N.O.

Respondent

THUTHUZELA NDZOMBANE N.O.

Respondent

Procedural Posture

Review Application / Rule 11 Application to Dismiss Review for Lack of Prosecution

Legal Issues

  1. 1 Whether the applicant's review application is deemed withdrawn under Clause 11.2.3 of the Practice Manual due to failure to file the complete record within the prescribed period.
  2. 2 Whether the applicant provided sufficient grounds for condonation for late filing and reinstatement of the review application.
  3. 3 Whether the Labour Court has jurisdiction to entertain the review application in light of non-compliance with the Practice Manual.

Ratio Decidendi

The applicant failed to comply with Clause 11.2.3 of the Practice Manual by not filing the complete record within the prescribed period and did not properly seek condonation or reinstatement of the review application. The applicant's argument that partial filing of the record sufficed was rejected as contrary to the plain meaning and purpose of the Practice Manual, which requires the full record to be filed or an extension to be sought. The Practice Manual is binding and promotes expeditious dispute resolution. The Rule 11 application to dismiss the review was unopposed, and the applicant was given ample opportunity to comply but did not do so. The Labour Court therefore lacks...

Court Disposition

Review application dismissed with costs; award and ruling stand.

Orders

  • The review application of the Ruling and Award under case number PSSS305-16/17 is dismissed with costs.