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[2017] ZALCJHB 500
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Ramabulana v Commission for Conciliation, Mediation and Arbitration and Others (JR1190/16) [2017] ZALCJHB 500 (16 October 2017)
THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not Reportable
case
no: JR 1190/16
In
the matter between:
AVHAPFANI
OSLET
RAMABULANA
Applicant
and
COMMISSION
FOR CONCILIATION MEDIATION
AND
ARBITRATION
First Respondent
LAWRENCE
NOWESENETZ N.O.
Second Respondent
UNIVERSITY
OF SOUTH
AFRICA
Third Respondent
Heard
:
16 October 2017
REASONS
-
DIRECTIVE
16 OCTOBER 2017
MOSHOANA
J
Introduction
[1]
The
applicant (‘Avhapfani Osley Ramabulana’), brought an
application for an extension of the time period for the filing
of the
record for a review application.
[2]
The
application was opposed. The Judge President of the Labour Court
allocated the file to me for a ruling. Having considered the
reasons
advanced, I ruled that the period be extended by a period of 30 days.
Issues
[3]
For
some strange reasons, the third respondent termed my judicial ruling
an administrative action and sought to be provided with
reasons.
Evaluation
[4]
It is
saddening to note that the third respondent’s legal
representative, well renowned I must add, could refer to a judicial
ruling as an administrative action. I perform judicial functions and
not administrative functions. The fact that I made the ruling
in
chambers does not detract from the fact that I performed judicial
functions.
[5]
In
terms of Clause 11.2.3, I made a ruling and did not perform an
administrative action. The practice manual does not make provisions
for providing reasons for a ruling made in terms of Clause 11.2.3.
[6]
In
fact, I find the conduct of the practitioner involved in this request
to be contemptuous. I shall direct the Registrar to place
a copy of
these reasons with the relevant law society to investigate this
conduct.
Order
[7]
In
the premises, I make the following order:
1.
There
are no reasons to be provided for the ruling;
2.
The
Registrar is to place these reasons with the relevant Law Society
_____________________
Moshoana J
Acting
Judge of the Labour Court
Submissions:
For the
Applicant:
None
For the Third Respondent:
Imraan Mahomed
Instructed by:
Hogan Lovells (South Africa) Inc.