Stevens v Commission for Conciliation Mediation and Arbitration and Others (JR 772/22) [2025] ZALCJHB 208 (28 May 2025)

Stevens v Commission for Conciliation Mediation and Arbitration and Others (JR 772/22) [2025] ZALCJHB 208 (28 May 2025)

The court found that the applicant failed to provide a compelling, comprehensive, and convincing explanation for the delay in filing the review application. The applicant's reliance on intermediaries and alleged confusion regarding procedures did not constitute good cause, and the medical procedure cited was not a valid justification. The applicant did not take accountability for his lack of action, and the explanation did not cover every period of the delay. The authorities are clear that, in the absence of a satisfactory explanation, prospects of success are immaterial. The court further found that the answering affidavit of the third respondent was properly before the court and...

Citation
[2025] ZALCJHB 208
Parties
Applicant: Raoul Stevens; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Nziwisisai Danddadzi N.O.; Respondent: ABSA Bank Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2025
Case Number
JR 772/22
Procedural Posture
Review Application / Condonation Application for Late Filing of Review
Outcome
Condonation application for the late filing of the review application is dismissed with costs.
Judges
Asmall
Legal Topics
Condonation, Unfair Dismissal, Review Under Section 158 1 G, Late Filing, Prospects of Success, Costs in Labour Matters
Labour Law Civil Procedure Condonation Unfair Dismissal Review Under Section 158 1 G Late Filing Prospects of Success Costs in Labour Matters

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 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Raoul Stevens

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Nziwisisai Danddadzi N.O.

Respondent

ABSA Bank Limited

Respondent

Procedural Posture

Review Application / Condonation Application for Late Filing of Review

Legal Issues

  1. 1 Whether the applicant has provided a satisfactory and comprehensive explanation for the delay in filing the review application.
  2. 2 Whether the prospects of success should be considered in the absence of a reasonable explanation for the delay.
  3. 3 Whether the answering affidavit of the third respondent is defective and should be dismissed.

Ratio Decidendi

The court found that the applicant failed to provide a compelling, comprehensive, and convincing explanation for the delay in filing the review application. The applicant's reliance on intermediaries and alleged confusion regarding procedures did not constitute good cause, and the medical procedure cited was not a valid justification. The applicant did not take accountability for his lack of action, and the explanation did not cover every period of the delay. The authorities are clear that, in the absence of a satisfactory explanation, prospects of success are immaterial. The court further found that the answering affidavit of the third respondent was properly before the court and...

Court Disposition

Condonation application for the late filing of the review application is dismissed with costs.

Orders

  • The condonation application for the late filing of the review application is dismissed with costs.