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[2002] ZALCJHB 11
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Madonsela v CCMA and Others (JR909/01) [2002] ZALCJHB 11 (22 January 2002)
[COMMENT1]
Sneller
Verbatim/ssl
IN
THE LABOUR COURT OF SOUTH AFRICA
(HELD
AT BRAAMFONTEIN)
BRAAMFONTEIN
CASE
NO: JR909/01
DATE:
2002-01-22
In
the matter between
AMOS
MADONSELA
Applicant
and
CCMA
&
OTHERS
Respondent
J
U D G M E N T
LANDMAN
J:
1.
Mr Madonsela, who was previously employed by Sabers W Services,
applied to this court
to review and set aside a ruling by the CCMA
dated 22 April 2001 wherein the Commissioner refused to condone the
late filing of
his application.
2.
It appears that the Commissioner took into account the application
for the condonation of the late
filing which was lodged by Mr
Madonsela and the statement filed on behalf of Sabers Wholesalers.
The Commissioner came to
the conclusion tha,t although the
application was late it, was not excessively late. The Commissioner
was influenced by the fact
that the employer had set out that there
were no prospects of success.
3.
I am of the opinion that the Commissioner committed a grave
irregularity. The Commissioner failed
to adhere to the rules of the
CCMA. Rule 19 requires the answer to the application for
condonation to be under oath.
Sabers Wholesalers filed an
unsworn statement. There is no indication that Mr Madonsela was
informed that he could reply
to that statement. The
Commissioner did not call on the parties to appear and deliver their
arguments. The rules of
the CCMA are there to ensure that
effect is given to the rules of natural justice. Mr Madonsela had no
opportunity to deal with
the allegations made by Sabers Wholesalers.
There is no indication that he even knew about it.
4.
In the circumstances the application succeeds.
1. The ruling
of 22 April 2001 is reviewed and set aside.
2.
The matter is remitted to the CCMA to convene a hearing to decide on
whether the application for
condonation should be granted.
3.
This hearing is to take place before a Commissioner other than
Commissioner M M Baloyi.
This hearing is to be held
before the end of February 2002.
4.
Sabers Wholesalers are ordered to pay Mr Madonsela's costs.
Signed and dated at
BRAAMFONTEIN this 26
th
Day of February 2002.
____________
AA
Landman
Judge
of the Labour Court of South Africa
[COMMENT1]
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