Thakani v Transnet Freight Rail and Others (JR1301/22) [2024] ZALCJHB 43 (6 February 2024)

Thakani v Transnet Freight Rail and Others (JR1301/22) [2024] ZALCJHB 43 (6 February 2024)

The applicant failed to provide a full, reasonable, and acceptable explanation for the five-week delay in filing the review application. His explanations were vague, inconsistent, and lacked detail, particularly regarding the periods between signing, serving, and filing the affidavits. The applicant did not comply with service requirements and failed to demonstrate that the record of arbitration proceedings was filed as required by the Labour Court Practice Manual. In the absence of a satisfactory explanation for each period of delay, the prospects of success are immaterial. The applicant has not made out a case for the court’s indulgence, and condonation must be refused.

Citation
[2024] ZALCJHB 43
Parties
Applicant: Shai Thakani; Respondent: Transnet Freight Rail (RME); Respondent: Commissioner Kenneth Mosime; Respondent: Transnet Bargaining Council
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 February 2024
Case Number
JR1301/22
Procedural Posture
Review Application / Condonation Application for Late Filing of Review
Outcome
Application for condonation of the late filing of the review application is dismissed.
Judges
M Edwards
Legal Topics
Condonation, Late Filing, Review of Arbitration Award, Practice Manual Compliance
Labour Law Civil Procedure Condonation Late Filing Review of Arbitration Award Practice Manual Compliance

Case Brief

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Parties

Shai Thakani

Applicant

Transnet Freight Rail (RME)

Respondent

Commissioner Kenneth Mosime

Respondent

Transnet Bargaining Council

Respondent

Procedural Posture

Review Application / Condonation Application for Late Filing of Review

Legal Issues

  1. 1 Whether the applicant has provided a reasonable and acceptable explanation for the late filing of the review application.
  2. 2 Whether condonation for the late filing of the review application should be granted.
  3. 3 Whether the applicant complied with service and filing requirements under the Labour Court Practice Manual.

Ratio Decidendi

The applicant failed to provide a full, reasonable, and acceptable explanation for the five-week delay in filing the review application. His explanations were vague, inconsistent, and lacked detail, particularly regarding the periods between signing, serving, and filing the affidavits. The applicant did not comply with service requirements and failed to demonstrate that the record of arbitration proceedings was filed as required by the Labour Court Practice Manual. In the absence of a satisfactory explanation for each period of delay, the prospects of success are immaterial. The applicant has not made out a case for the court’s indulgence, and condonation must be refused.

Court Disposition

Application for condonation of the late filing of the review application is dismissed.

Orders

  • The application for the condonation of the late-filing of the review application is dismissed.
  • There is no order as to costs.