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[2003] ZALCJHB 15
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Maphosa v CCMA and Others (JR568/01) [2003] ZALCJHB 15 (7 February 2003)
[COMMENT1]
Sneller
Verbatim/HVDM
IN THE LABOUR COURT OF
SOUTH AFRICA
BRAAMFONTEIN
CASE
NO: JR568/01
2003-02-07
In the matter between
SAM KHUMBULANI
MAPHOSA Applicant
and
THE
CCMA 1
st
Respondent
GRANT
SHEEN 2
nd
Respondent
A.S.C. FEDERAL
GUARDING 3
rd
Respondent
J U
D G M E N T
REVELAS
J
:
1.
The applicant brought an application to have an arbitration award of
the CCMA reviewed in terms
of section 145 of the Labour Relations Act
66 of 1995 (the “Act”).
2.
The arbitrator who heard the matter kept a written record consisting
of notes, which is illegible.
According to a witness of the
third respondent were mechanically recorded the proceedings.
That transcript was not before
me. The applicant contends that
the proceedings were not mechanically recorded. The Registrar
of this court informed
me that she knew of no transcript or
mechanical recording. The basis on which she informed me thus
is unclear to me.
3.
I do not understand the reasoning of the arbitrator in his award.
His view of a particular
letter up on which the applicant placed
great reliance was vague in its reasoning. In my view, this
award should be set aside
and the dispute should be referred back to
the CCMA to be heard by a different arbitrator and the proceedings or
to be recorded.
I make no order as to costs.
____________________
E. Revelas
ON BEHALF OF
APPLICANT:
In person
ON BEHALF OF RESPONDENT:
Mr Bechenstraetr from
Moodie
& Robbertson Att.
[COMMENT1]
BEGIN
DEUR 'N "HEADER" TE MAAK