Magxale v Department of Health, Northern Cape and Others

The applicant, Ms Nontsizi Yvonne Magxale, applied to the Labour Court to review and set aside two arbitration awards issued under the auspices of the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC). The first award (29 June 2020) concerned an unfair labour practice relating to promotion and resulted in Mr Albert Links, the sixth respondent, being declared the CEO of the West End Specialist Hospital (WESH) at salary level 13 following a job evaluation. The second award (29 April 2021) dismissed Magxale’s unfair labour practice claim arising from her unsuccessful application for appointment as CEO of the newly constructed Kimberley Mental Health Hospital (NMH). Magxale sought to set aside both awards and to compel the Department of Health to finalise the abandoned recruitment process for the NMH CEO post. Her review applications were filed extremely late, necessitating an application for condonation.

The application for condonation for the late filing of the review applications in respect of both arbitration awards was dismissed. No order as to costs was made.

This judgment reinforces the strict approach adopted by South African labour courts toward condonation in review proceedings, particularly where delays are excessive. It underscores that personal hardship, without detailed and coherent evidence explaining each period of delay, will not suffice. The case affirms the principle that expeditious dispute resolution is central to the Labour Relations Act and that courts will not entertain stale reviews absent compelling justification.