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IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT BRAAMFONTEIN )
BRAAMFONTEIN CASE NO: JR909/01
20020122
In the matter between
AMOS MADONSELA Applicant
and
CCMA & OTHERS Respondent
_______________________________________________________
J U D G M E N T
_____________________________________________________
LANDMAN J:
1. Mr Madonsela, who was previously employed by
Sabers W Services, applied to this court to review and
set aside a ruling by the CCMA dated 22 April 2001
wherein the Commissioner refused to condone the late
filing of his application.
1.
2. It appears that the Commissioner took into account the
application for the condonation of the late filing
which was lodged by Mr Madonsela and the statement
filed on behalf of Sabers Wholesalers. The
Commissioner came to the conclusion tha,t although the
application was late it, was not excessively late. The
Commissioner was influenced by the fact that the
employer had set out that there were no prospects of
success.
3. I am of the opinion that the Commissioner committed a
grave irregularity. The Commissioner failed to adhere
to the rules of the CCMA. Rule 19 requires the answer
to the application for condonation to be under oath.
Sabers Wholesalers filed an unsworn statement. There
is no indication that Mr Madonsela was informed that he
could reply to that statement. The Commissioner did
not call on the parties to appear and deliver their
arguments. The rules of the CCMA are there to ensure
that effect is given to the rules of natural justice.
Mr Madonsela had no opportunity to deal with the
allegations made by Sabers Wholesalers. There is no
indication that he even knew about it.
4. In the circumstances the application succeeds.
1. The ruling of 22 April 2001 is reviewed and set aside.
2. The matter is remitted to the CCMA to convene a hearing
to decide on whether the application for condonation
should be granted.
3. This hearing is to take place before a Commissioner
other than Commissioner M M Baloyi. This hearing is to
be held before the end of February 2002.
4. Sabers Wholesalers are ordered to pay Mr Madonsela's
costs.
Signed and dated at BRAAMFONTEIN this 26 th Day of
February 2002.
____________
AA Landman
Judge of the Labour Court of South Africa