Sneller Verbatim/MS
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J3173/01
2002-12-06
In the matter between
MAWETHU HARDWARE Applicant
and
NOKUPHIWA NONO NPOSULA Respondent
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J U D G M E N T
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REVELAS, J:
1. The applicant applies for the condonation of the late
filing of its application for recission of judgment
granted by this court on 30 October 2001 in its
absence. The application for condonation is opposed.
2. In considering whether to grant condonation or not, I
have to consider the following factors:
3. The degree of lateness, the explanation for the delay,
prospects of success and the importance of the case to
the parties seeking the condonation or indulgence from
the court.
1. 1. 4. In this matter it is alleged in the founding
affidavit that at some stage the respondent had
indicated to the applicant that she would no longer
pursue the matter against the respondent, and on that
belief that the applicant had not pursued its rights
any further. This allegation is vehemently denied by
the respondent.
5. The respondent also contends that the applicant has
failed to give an adequate explanation for the delay
after the writ of execution was brought to the
attention of the applicant.
6. However, on the papers of the applicant and this is
not dealt with at any length by the respondent I am
not able to find that there is not a reasonable
prospect of success demonstrated by the applicant in
its papers.
7. In the decision of Melane v Santam Insurance Co 1992
(4) SA 531 (AD) at 532 , the learned Judge President
Corbett stated, that in the end it is all a question of
fairness to the parties and a matter of justice.
8. In my view, to deny the applicant condonation at this
stage and in effect bar the applicant at this stage
from proceeding with the matter, would be unjust.
9. In the circumstances I make the following oder:
1. The condonation for the late filing of the application
for recission is granted.
2. The court order dated 30 October 2001 is hereby
rescinded.
1. 3. The applicant (Mawethu Hardeware) is to file
its application for the recission of the arbitration
award with the Commission for Conciliation, Mediation
and Arbitration by no later than 7 January 2003,
failing which the respondent (Ms Mposula), may set the
matter down to have the award made an order of court
and the respondent shall be barred from opposing the
matter.
4. There is no order as to costs.
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E. Revelas