Twiga Services and Logistics (Pty) Ltd v Ntsoane N.O and Others (JR2933/19) [2023] ZALCJHB 148 (22 May 2023)

Twiga Services and Logistics (Pty) Ltd v Ntsoane N.O and Others (JR2933/19) [2023] ZALCJHB 148 (22 May 2023)

The court found that the applicant provided a reasonable explanation for the late filing of the record, primarily due to the CCMA’s incomplete record and confusion over Covid-19 directives. The delay was not excessive and condonation was warranted. On review, the Commissioner’s refusal to grant a postponement was...

Source-derived case information.

Citation
[2023] ZALCJHB 148
Parties
Applicant: Twiga Services and Logistics (Pty) Ltd; Respondent: Diale Ntsoane N.O.; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Beatrice Naziwa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 May 2023
Case Number
JR2933/19
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Condonation for late filing of the record and answering affidavit granted; review application reinstated; arbitration award set aside and remitted for hearing de novo before a different Commissioner; no order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Condonation, Review of Arbitration Award, Unfair Dismissal, Postponement, Audi Alteram Partem
Labour Law Civil Procedure Condonation Review of Arbitration Award Unfair Dismissal Postponement Audi Alteram Partem

Source-derived case record

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Twiga Services and Logistics (Pty) Ltd

Applicant

Diale Ntsoane N.O.

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Beatrice Naziwa

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the record of arbitration proceedings and the answering affidavit.
  2. 2 Whether the Commissioner’s refusal to grant a postponement deprived the applicant of a fair hearing.
  3. 3 Whether the arbitration award finding the dismissal substantively unfair was reasonable and defensible.

Ratio Decidendi

The court found that the applicant provided a reasonable explanation for the late filing of the record, primarily due to the CCMA’s incomplete record and confusion over Covid-19 directives. The delay was not excessive and condonation was warranted. On review, the Commissioner’s refusal to grant a postponement was unreasonable, as the applicant’s main witness was unavailable and only he could testify to the substantive fairness of the dismissal. The Commissioner failed to properly weigh the prejudice to the applicant and the balance of convenience, resulting in a denial of a fair hearing and the principles of audi alteram partem. Consequently, the arbitration award was indefensible and had...

Court Disposition

Condonation for late filing of the record and answering affidavit granted; review application reinstated; arbitration award set aside and remitted for hearing de novo before a different Commissioner; no order as to costs.

Orders

  • The late filing of the Third Respondent’s answering affidavit is condoned.
  • The late filing of the record of arbitration proceedings is condoned.