JR138/01-JduP
Sneller Verbatim/JduP
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JR138/01
2001.10.16
In the matter between
DRIEFONTEIN CONSOLIDATED (PTY) LIMITED Applicant
and
CCMA Respondent
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J U D G M E N T
__________________________________________________________
LANDMAN, J: This is an application to review and set aside a ruling of a
commissioner of the CCMA in the matter of East Driefontein Gold Mine v NUM on
behalf of Mr Moleke. An award was made by a commissioner of the CCMA.
Subsequently an application to rescind the award was made by the gold mine. The
commissioner presiding over the application to rescind the award appears to have
accepted that the notice of set down did not arrive and did not come to the
attention of the gold mine. Nevertheless he concluded that as there had been
service in the sense that the document had been sent to the gold mine, this
constituted proper service.
That, of course, is a gross irregularity because the purpose of service is that
1
JUDGMENT1
it should come to the attention of the party to whom it is addressed. Where this
has not occurred, and the facts point to this, then clearly the rules relating to audi
alteram partem have not been complied with. The proper order is to rescind the
award. This was not done. In the circumstances the ruling and award is reviewed
and set aside, and the matter is referred back to the CCMA for arbitration de novo
before a commissioner other than the second respondent.
__________________
A A Landman
Judge of the Labour Court of South Africa
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