Sneller Verbatim/JduP
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JR680/02
2003.03.18
In the matter between
TUBE SEGAETSHO ARCHIBALD Applicant
and
COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION 1st Respondent
G.G. SEBOTHA (COMMISSIONER) 2nd Respondent
DEPARTMENT OF PUBLIC WORKS 3rd Respondent
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J U D G M E N T
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REVELAS, J:
1. This is an application brought by the applicant for
leave to appeal against a judgment granted on 12
November 2002, wherein I dismissed the applicant's
application for review.
2. The main ground of appeal is that the respondents did
not appear in court on the day of the review
application, and I therefore erred in drawing an
inference when I considered the merits of the matter.
1. 1. 3. It appears that the applicant believes that I was
somehow precluded from considering the record in his
review application, purely because it was unopposed on
the day the matter was argued.
4. However, a review application is not simply for the
asking and is not simply granted by default because it
is unopposed. The judge must always consider the merits
as the merits may possibly reflect negatively on
reasoning of the arbitrator in question.
5. The applicant has not addressed, in his heads of
argument, any of the grounds upon which he seeks to
rely to have the award set aside, or why I erred in
granting the application.
6. In my view, there is not even a reasonable prospect
that another court would come to a different
conclusion, and in the circumstances leave to appeal is
refused.
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E. Revelas