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South Africa decisions
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Bidvest Protea Coin v Maake and Others (JR2035/21) [2025] ZALCJHB 251 (23 June 2025)
The Labour Court refused reinstatement of a review application delayed by 11 months, finding the explanation weak and attorney negligence no excuse.
Moloto v Department of Infrastructure Development and Others (JR 1825/2018) [2023] ZALCJHB 91; (2023) 44 ILJ 1765 (LC) (21 April 2023)
The Labour Court dismissed a Rule 11 application to dismiss a review for delay, but strongly criticised the Department’s unexplained inactivity and awarded punitive costs.
CITASA obo Phajane v Commission for Conciliation, Mediation and Arbitration and Others (JR677/2004) [2021] ZALCJHB 393 (12 October 2021)
The Labour Court dismissed a 17-year-old review application for lack of prosecution and refused condonation for the late record, finding the delay inexcusable.
Magnesita v National Bargaining Council for the Chemical Industry and Others (JR 1241/18) [2021] ZALCJHB 215 (5 August 2021)
The Labour Court dismissed a review application after finding the applicant had delayed prosecution for almost 23 months without explanation or good cause.
Kock v Commission for Conciliation, Mediation and Arbitration and Others (JR764/18) [2021] ZALCJHB 101 (31 May 2021)
The applicant's review application was filed four weeks out of time and lacked a proper condonation application. The explanation for delay was false and insufficient, failing to cover the entire period. The applicant did not comply with the Labour Court Practice Manual regarding upliftment and filing of the record, failed to seek extension proactively, and did not file a complete record. The application for reinstatement was premature and unsupported by good cause. The review application was deemed withdrawn, lapsed, and archived, with no competent application for reinstatement or condonation…
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UTI South Africa v Pilusa and Others (JR1732/12) [2016] ZALCJHB 270 (21 July 2016)
The Labour Court refused condonation for a late review of an arbitration award, held it lacked jurisdiction, and ordered the applicant to pay costs.
University of South Africa v Tlou-Msiza (JR889/2010) [2015] ZALCJHB 366 (27 October 2015)
The Labour Court refused to dismiss a review under Rule 11, finding the delay was largely caused by an incomplete CCMA record and that fairness favoured allowing the case to proceed.
3G Mobile (Pty) Ltd v Raphela NO and Others (JR1910/2013) [2014] ZALCJHB 417 (31 October 2014)
The Labour Court dismissed a review for failure to prosecute and undue delay, refused condonation, and made the arbitration award an order of court.
Ehlanzeni District Municipality v South African Local Government Bargaining Council and Others (JR1163/10) [2014] ZALCJHB 368 (30 September 2014)
The Labour Court dismissed a review of an unfair labour practice award about a motor vehicle allowance scheme and refused Rule 11 dismissal for delay.
Maiphwanya v Commission for Conciliation, Mediation And Arbitration and Others (JR 2297/07) [2014] ZALCJHB 21 (23 January 2014)
The applicant failed to prosecute the review application timeously, did not comply with the Labour Court Rules, and did not provide a satisfactory explanation for the delay or for non-compliance. The review was launched outside the prescribed period without a condonation application, the record was incomplete and not properly served, and opposition to the Rule 11 application was filed late without condonation. The applicant's attorney's lack of diligence is attributed to the applicant. The cumulative effect of these failures resulted in significant prejudice to the third respondent and underm…
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