THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG
Not Reportable
Case No: JR1312/21
In the matter between:
PSA OBO J MANYUWA Applicant
And
GENERAL PUBLIC SERVICE SECTORAL
BARGAINING COUNCIL First Respondent
COMMISSIONER TAU HLONGWANE N.O. Second Respondent
DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT Third Respondent
Heard: 13 May 2025
Delivered: 13 May 2025
Reasons delivered: 16 May 2025 (This judgment was handed down
electronically by circulation to the parties’ legal representatives by email,
publication on the Labour Court website and release to SAFLII. The date and
time for handing- down is deemed to be 10h00 on 16 May 2025.)
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REASONS FOR ORDER
PHEHANE , J
Introduction
[1] This is an application t o review and set aside an arbitration award d ated 14
May 2021, received by the applicant on 1 June 2021.
[2] The review application was launched on 1 July 2021, when the former Rules
and Practice Manual of this Court applied.
1 It transpires that this review application
has lapsed by operation of the law .2
[3] Adv Quilliam for the applicant informed this Court that the th ird respondent
indicated that it will not oppose this application, as the parties have consented to an
order that the arbitration award be reviewed and set aside and that the matter be
remitted to the second respondent for an arbitration hearing de novo. As I
understand the submission, portions of the record of the arbitration proceedings are missing and effo rts to reconstruct the record have failed.
[4] In view of the review application having lapsed with the result that it is
archived by operation of the law , this Court lacks jurisdiction to grant the consent
order.
[5] As the review application was unopposed and the parties were desirous to
have their consent as set out above made an order of Court, in order to expedite the
matter, Mr. Quilliam was invited, subject to taking instructions, to make submissions
regarding condonation for this Court to consider. Mr. Quilliam submitted that no
proper factual basis to explain the non- compliance with the Rules and Practice
1 GN 1665 of 14 October 1996 and the Practice Manual of the Labour Cour t of 2013 (repealed on 17
July 2024).
2 The notice in terms of the former Rule 7A(6) was delivered on 26 August 2022 ; the notice in terms
of the former Rule 7A (8)(b) was delivered on 5 October 2023 and the notice in terms of the former
Rule 22B was delivered on 14 February 2024.
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Manual as they stood at the time were before the Court, therefore, the applicant
sought an indulgence to bring a substantive application for condonation.
[6] In the premises, an order was granted to afford the applicant the opportunity
to bring an appli cation to reinstate the review application.
M. T. M. Phehane
Judge of the Labour Court of South Africa