South Africa Case Law

Pillay v Ethekwini Municipality: Communications Department and Others (D 96/22)

Pillay v Ethekwini Municipality: Communications Department and Others (D 96/22) [2025] ZALCD 1 (20 January 2025)

Court

Labour Court Durban

Case number

D 96/22

Judge

Whitcher

The applicant failed to comply with the Practice Manual requirements by not filing the written notice to the registrar within 12 months of launching the review application and allowing the matter to remain stagnant for more than 6 months. The Practice Manual is clear that such non-compliance results in the application being archived and regarded as lapsed. The Labour Appeal Court has confirmed that, in these circumstances, the court lacks jurisdiction and must strike the matter from the roll. The applicant was warned of the lapse but persisted without seeking reinstatement. Accordingly, the r…

Source excerpt

• Condonation
• Review Application Lapse
• Practice Manual Clauses
• Jurisdiction
• Archiving Of Files

Ehlanzeni Tvet College v PSA obo Ramolefe and Others (JR726/22)

Ehlanzeni Tvet College v PSA obo Ramolefe and Others (JR726/22) [2025] ZALCJHB 8 (17 January 2025)

Court

Labour Court Johannesburg

Case number

JR726/22

Judge

C Orr

The Labour Court reinstated a review application deemed withdrawn after a late record filing, finding the delay sufficiently explained and the applicant’s prospects and prejudice favoured relief.

• Condonation
• Practice Manual Clauses
• Reinstatement Of Review
• Delay Explanation
• Prejudice
• Prospects Of Success

Department of Correctional Services v General Public Service Sectoral Bargaining Council and Others (JA11/2023)

Department of Correctional Services v General Public Service Sectoral Bargaining Council and Others (JA11/2023) [2024] ZALAC 59; [2025] 2 BLLR 105 (LAC); (2025) 46 ILJ 310 (LAC) (18 November 2024)

Court

Labour Appeal Court

Case number

JA 11/2023

Judges

Savage ADJP, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court refused condonation for a late notice of appeal and dismissed a challenge to the reinstatement of a review, finding the dispute moot and awarding punitive costs.

• Review Application
• Practice Manual Clauses
• Condonation
• Unfair Labour Practice
• Protected Disclosure
• Costs Award

Companies and Intellectual Property Commission v Commission Mavuma N.O. and Others (JR2617/22)

Companies and Intellectual Property Commission v Commission Mavuma N.O. and Others (JR2617/22) [2024] ZALCJHB 195 (23 April 2024)

Court

Labour Court Johannesburg

Case number

JR2617/22

Judge

M Naidoo

The Labour Court held that the review application had lapsed under clause 11.2.7 of the Practice Manual and could not be revived by condonation alone.

• Practice Manual Clauses
• Condonation
• Review Application Lapse
• Reinstatement Application
• Labour-law
• Practice-manual

Hospersa obo Swartz v Department of Transport, Eastern Cape (P24/2022)

Hospersa obo Swartz v Department of Transport, Eastern Cape (P24/2022) [2023] ZALCPE 24 (15 November 2023)

Court

Labour Court Port Elizabeth

Case number

P24/2022

Judge

Tlhotlhalemaje

The Labour Court postponed enforcement of an arbitration award, but ordered punitive costs against the Department for delays and procedural non-compliance.

• Section 158 1 C Application
• Arbitration Award Enforcement
• Review Application Procedure
• Practice Manual Clauses
• Condonation
• Costs Orders

Mokhele v Rustenburg Platinum Mine and Others (JR95/19)

Mokhele v Rustenburg Platinum Mine and Others (JR95/19) [2022] ZALCJHB 312 (11 November 2022)

Court

Labour Court Johannesburg

Case number

JR 1515/2019

Judge

Van Niekerk

The Labour Court dismissed an application to reinstate a review deemed withdrawn after the record was filed late and no proper extension was sought.

• Condonation For Late Filing
• Practice Manual Clauses
• Unfair Dismissal
• Review Of Arbitration Award
• Condonation-for-late-filing
• Practice-manual

Blom and Others v Commission for Conciliation, Mediation and Arbitration and Others (D293/21)

Blom and Others v Commission for Conciliation, Mediation and Arbitration and Others (D293/21) [2022] ZALCD 19 (21 June 2022)

Court

Labour Court Durban

Case number

D293/21

Judge

Mhlanga

The court found that the applicants' late filing of the record was excusable in the circumstances, particularly given the ambiguity between Rule 7A(6) and clause 11.2.6 of the Practice Manual regarding which portions of the record are necessary. The applicants acted with reasonable speed once alerted to the missing portions and purged their non-compliance before lodging the reinstatement application. The court held that the threshold for prospects of success in reinstatement applications is low and that the applicants met this threshold. The opposition by the third respondent was found to be…

Source excerpt

• Condonation For Late Filing
• Practice Manual Clauses
• Reinstatement Of Review
• Prospects Of Success
• Costs In Labour Court

Mathanda and Another v Greater Kokstad Municipality and Others (D1337/19)

Mathanda and Another v Greater Kokstad Municipality and Others (D1337/19) [2021] ZALCD 76 (14 December 2021)

Court

Labour Court Durban

Case number

D1337/19

Judge

Moodley

The Labour Court refused reinstatement and condonation where the applicants gave an unreasonable explanation for late filing of the record and showed no prospects of success.

• Condonation
• Practice Manual Clauses
• Review Of Arbitration Award
• Misconduct Dismissal
• Labour-court-review
• Review-deemed-withdrawn

Macaskill v State Information Technology Agency (Pty) Ltd (SITA) and Others (JR 267/20)

Macaskill v State Information Technology Agency (Pty) Ltd (SITA) and Others (JR 267/20) [2021] ZALCJHB 220 (11 August 2021)

Court

Labour Court Johannesburg

Case number

JR 267/20

Judge

Moshoana

The Labour Court held that it lacks jurisdiction to dismiss a review application that is deemed withdrawn under clause 11.2.3 of the Practice Manual unless an order reinstating the review is granted. The legal position regarding deemed withdrawal is clear and unambiguous, and declaratory relief is not appropriate where the Practice Manual lucidly sets out the consequences of non-compliance. The Court further exercised its discretion to refuse making the arbitration award an order of court under section 158(1)(c) of the LRA, finding that SITA had reasonable prospects of success on review and t…

Source excerpt

• Practice Manual Clauses
• Deemed Withdrawal
• Declaratory Relief
• Section 158 1 C Application
• Arbitration Award Enforcement

Department of Agriculture and Rural Development v Khumalo and Others (D566/17)

Department of Agriculture and Rural Development v Khumalo and Others (D566/17) [2021] ZALCD 55 (29 July 2021)

Court

Labour Court Durban

Case number

D566/17

Judge

A Prior

The applicant failed to provide a full, reasonable, and compelling explanation for the excessive delay of 269 days in filing the record, and further delays in subsequent steps. The explanation relied on systemic challenges and attorney illness but lacked detail and specificity. The applicant and its legal administrator did not take adequate steps to ensure progress, and periods of inaction were unexplained. The court found that attorney negligence was significant and that the applicant was not entirely blameless. The interests of justice and the statutory imperative of expeditious dispute res…

Source excerpt

• Condonation
• Practice Manual Clauses
• Unfair Labour Practice
• Promotion Dispute
• Review Application Withdrawal
• Reinstatement Of Review