Pekeur obo Willemse v Commission for Conciliation, Mediation and Arbitration and Others (C554/2022) [2025] ZALCCT 29 (15 May 2025)

35 Reportability

Brief Summary

Labour Law — Review Application — Authority to launch review — Purported applicant and representative failed to appear — Court found no authorization for the review application — Application declared a nullity. The applicant, Wendy Pekeur, on behalf of Elsie Willemse, did not appear nor did her representative have the authority to initiate the review proceedings. Consequently, the court held that there was no valid review application before it, resulting in the application being struck from the roll.

About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Cape Town Labour Court, Cape Town
SAFLII
>>
Databases
>>
South Africa: Cape Town Labour Court, Cape Town
>>
2025
>>
[2025] ZALCCT 29
|

|

Pekeur obo Willemse v Commission for Conciliation, Mediation and Arbitration and Others (C554/2022) [2025] ZALCCT 29 (15 May 2025)

IN
THE LABOUR COURT OF SOUTH AFRICA (HELD AT CAPE TOWN)
Before
the Honourable Mr Justice Lagrange
On this day 15
th
May 2025
Case no:
C554/2022
In the matter between:
WENDY
PEKEUR O.B.O ELSIE WILLEMSE
Applicant
And
COMMISSION FOR CONCILIATION,
MEDIATION
AND
ARBITRATION
First Respondent
COMMISSIOENR
ILSE DE VLIEGER-SEYNHAEVE
Second Respondent
SAMGRO
Third Respondent
JUDGMENT
LAGRANGE J
There was no appearance for the
purported applicant or her purported representative.
Having heard counsel for the third
respondent and having read the papers, I am satisfied that the
purported applicant has not authorised
the launching of this review
application and her purported representative was not authorised to
launch review proceedings either
in her own capacity, as advice
office representative, or on behalf of the purported applicant, Ms
Elsie Willemse. Accordingly,
there is no review application before
the court and the application is nullity.
IT IS ORDERED THAT:
1.
The review application
is null and void and is struck from the roll.
2.
Costs are reserved.
R Lagrange
Judge
of the Labour Court of South Africa
.
Appearances:
For the Applicant:
No Appearance
For the Respondent:
B Braun instructed by Oosthuizen & CO.