MEC for Public Works: North West Province and Another v Public Service Coordinating Bargaining Council and Others

The MEC for Public Works: North West Province and the Minister of Public Service and Administration launched a review application on 12 March 2018 to review and set aside an arbitration award issued on 18 December 2017 under the auspices of the Public Service Coordinating Bargaining Council. The applicants failed to comply with clause 11.2.7 of the Labour Court Practice Manual by not filing all required papers within 12 months and by not requesting enrolment of the review within the prescribed period. The matter was struck from the roll on 17 November 2020 due to this non-compliance. Almost four years later, on 27 August 2024, the applicants applied to have the review application reinstated, without providing any explanation for the delays or substantiating their alleged prospects of success.

The application for reinstatement of the review application was dismissed. No order as to costs was made.

The judgment reaffirms the strict approach of the Labour Court to compliance with the Labour Court Practice Manual and underscores that reinstatement of review applications is treated as a condonation application. It highlights that the complete absence of an explanation for delay is fatal and that bald assertions of prospects of success are insufficient. The case reinforces procedural discipline and the principle that labour review proceedings are inherently urgent.