Head of Department: Department of Education, Northern Cape v Bobbejaan and Others

The applicant, the Head of Department of Education in the Northern Cape, approached the Labour Court to review and set aside an arbitration award issued under case number PSES 298-06/07 NC on 11 December 2006. The third respondent sought to have the arbitration award made an order of court in terms of section 158(1)(c) of the Labour Relations Act and further applied for an order that the review application be deemed withdrawn or dismissed due to late filing. When the matter came before court, the parties agreed to remove it from the roll because the court file was incomplete and procedurally defective, including issues relating to pagination, indexing, service, and the timeliness of the review and filing of the record.

The matter was removed from the roll by agreement between the parties, with no order as to costs. The parties were directed to ensure that the court file is properly updated, paginated, and indexed, and that all identified procedural issues are addressed before requesting the Registrar to re-enrol the matter.

The case underscores the importance of strict compliance with procedural requirements in Labour Court litigation, particularly in review applications. It highlights the court’s approach to managing defective records and reinforces the role of the Labour Court Practice Manual in ensuring orderly and efficient adjudication.