Sneller Verbatim/JduP
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J959/01
2001.10.16
In the matter between
STEFFEN MOHLASEDI Applicant
and
CCMA Respondent
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J U D G M E N T
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LANDMAN, J: This is an application to review and set aside a ruling of the second
respondent, a Commissioner of the CCMA. It is brought by Mr Steffen Mohlasedi
who complains that the ruling is defective. He says that he was not afforded a
proper opportunity of dealing with the matter. He was not granted an opportunity
to call witnesses and to cross-examine the witnesses of the respondent company.
The condonation ruling deals with the length of delay and the explanation.
The referral in this matter is over 18 months late. The reason given for the delay is
that the Union promised to help the applicant. Negotiations took place between
the parties.
Then under the heading of "Prospects of Success" the applicant claims that
he was discriminated against because of his disability. Under the heading of
"Prejudice" it is said that the applicant is unemployed and has no income. The
Commissioner ruled that the delay in this matter is excessive and has not been
properly explained. The application was refused.
This ruling fails to take into account and to weigh up the circumstances
which are relevant to an application for condonation as set out, inter alia, in
Melane v Santam. It is not clear that the commissioner has applied his mind to the
matter. If he did apply his mind, the reasons set out in the ruling do not show this.
In the circumstances the ruling is reviewed and set aside. The matter is referred
back to the CCMA to hear an application for condonation. This is to take place
before a commissioner other than the second respondent.
___________________
A A Landman
Judge of the Labour Court of South Africa
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