Zakhe v DHL Supply Chain SA (Pty) Ltd and Another (PR542021) [2024] ZALCPE 10 (18 March 2024)

Zakhe v DHL Supply Chain SA (Pty) Ltd and Another (PR542021) [2024] ZALCPE 10 (18 March 2024)

The court found that the applicant's explanation for the delay was wholly inadequate and failed to cover the material period between May 2021 and July 2022. The delay was excessive, amounting to more than 14 months, and the applicant did not discharge the onus to show good cause or provide an acceptable explanation. The court held that, in line with established principles, where there is no satisfactory explanation for the delay, prospects of success are immaterial. The respondent's prejudice outweighed any prejudice to the applicant, and granting condonation would undermine the statutory purpose of expeditious dispute resolution in labour matters. Accordingly, condonation for the late...

Citation
[2024] ZALCPE 10
Parties
Applicant: Sakhumzi Daniel Zakhe; Respondent: DHL Supply Chain SA (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
18 March 2024
Case Number
PR 54/2021
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review Application
Outcome
Application for condonation for the late filing of the review application is dismissed.
Judges
Prinsloo
Legal Topics
Condonation, Late Filing of Review, Expeditious Dispute Resolution, Onus of Applicant
Labour Law Civil Procedure Condonation Late Filing of Review Expeditious Dispute Resolution Onus of Applicant

Case Brief

Summary, issues, holding and outcome

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Parties

Sakhumzi Daniel Zakhe

Applicant

DHL Supply Chain SA (Pty) Ltd

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review Application

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the applicant provided a comprehensive and convincing explanation for the delay.
  3. 3 Whether the prospects of success are material in the absence of a satisfactory explanation for the delay.

Ratio Decidendi

The court found that the applicant's explanation for the delay was wholly inadequate and failed to cover the material period between May 2021 and July 2022. The delay was excessive, amounting to more than 14 months, and the applicant did not discharge the onus to show good cause or provide an acceptable explanation. The court held that, in line with established principles, where there is no satisfactory explanation for the delay, prospects of success are immaterial. The respondent's prejudice outweighed any prejudice to the applicant, and granting condonation would undermine the statutory purpose of expeditious dispute resolution in labour matters. Accordingly, condonation for the late...

Court Disposition

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

Orders

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