The South African Police Service v Coericius and Others

The South African Police Service (SAPS) launched a review application to set aside a condonation ruling dated 14 October 2016 and an arbitration award dated 5 March 2019 issued under the auspices of the Safety and Security Sectoral Bargaining Council. The review was launched on 17 April 2019. SAPS failed to file the full arbitration record within the 60-day period prescribed by Rule 7A(6) of the Labour Court Rules read with clause 11.2.2 of the Labour Court Practice Manual, and did not seek consent or apply for an extension as required by clause 11.2.3. The first respondent, Mr Coericius, brought a Rule 11 application to dismiss the review for lack of prosecution. SAPS filed parts of the record late and eventually filed a supplementary affidavit without a proper application to reinstate the review after it was deemed withdrawn. The Rule 11 application was unopposed.

The review application was dismissed with costs. The arbitration award granting reinstatement and 12 months’ back-pay to the first respondent remained in force.

This case reinforces the binding nature of the Labour Court Practice Manual and confirms that failure to file the full record timeously, without seeking an extension, results in a review being deemed withdrawn. It underscores the Labour Court’s strict approach to procedural compliance, especially by state litigants, and affirms the use of Rule 11 applications to bring finality where reviews are not diligently prosecuted.