South Africa Case Law

POPCRU obo Sontlaba v National Commissioner of the South African Police Service and Others (C148/2013)

POPCRU obo Sontlaba v National Commissioner of the South African Police Service and Others (C148/2013) [2016] ZALCCT 38 (27 October 2016)

Court

Labour Court Cape Town

Case number

C148/2013

Judge

Rabkin-Naicker

The court found that SAPS, as dominus litis, failed to prosecute its review application for an excessive period of approximately three years. The explanation provided by SAPS was inadequate, and the delay was not justified by the circumstances. The court rejected SAPS's argument that the relevant period for assessing delay commenced only after the consent order, holding that the delay must be measured from the launch of the review application. The prejudice to the respondent was evident, and the review was not properly before the court as condonation had not been granted for late filing. The…

Source excerpt

• Review Delay
• Dismissal For Unreasonable Delay
• Condonation
• Labour Court Rules

National Union of Mineworkers (NUM) v Commission for Conciliation, Mediation and Arbitration and Others (JR2377/11)

National Union of Mineworkers (NUM) v Commission for Conciliation, Mediation and Arbitration and Others (JR2377/11) [2014] ZALCJHB 429 (8 August 2014)

Court

Labour Court Johannesburg

Case number

JR 2377/11

Judge

Cook

The Labour Court dismissed a review because the applicant failed to file and reconstruct the complete arbitration record required by rule 7A.

• Failure To Prosecute
• Dismissal For Unreasonable Delay
• Reconstruction Of Record
• Rule 7a Compliance
• Labour-law
• Judicial-review