South Africa: Labour Court Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: Labour Court >> 2003 >> [2003] ZALC 145

| Noteup | LawCite

Maphosa v Commission for Conciliation, Mediation and Arbitration and Others (JR568/01) [2003] ZALC 145 (7 February 2003)

Download original files

PDF format

RTF format

Sneller Verbatim/HVDM

IN THE LABOUR COURT OF SOUTH AFRICA

BRAAMFONTEIN CASE NO: JR568/01

2003-02-07


In the matter between

SAM KHUMBULANI MAPHOSA Applicant

and

THE CCMA 1st Respondent

GRANT SHEEN 2nd Respondent

A.S.C. FEDERAL GUARDING 3rd Respondent

________________________________________________________________

J U D G M E N T

________________________________________________________________

REVELAS J:

  1. The applicant brought an application to have an arbitration award of the CCMA reviewed in terms of section 145 of the Labour Relations Act 66 of 1995 (the “Act”).

  2. The arbitrator who heard the matter kept a written record consisting of notes, which is illegible. According to a witness of the third respondent were mechanically recorded the proceedings. That transcript was not before me. The applicant contends that the proceedings were not mechanically recorded. The Registrar of this court informed me that she knew of no transcript or mechanical recording. The basis on which she informed me thus is unclear to me.

  3. I do not understand the reasoning of the arbitrator in his award. His view of a particular letter up on which the applicant placed great reliance was vague in its reasoning. In my view, this award should be set aside and the dispute should be referred back to the CCMA to be heard by a different arbitrator and the proceedings or to be recorded. I make no order as to costs.


____________________

E. Revelas


ON BEHALF OF APPLICANT: In person



ON BEHALF OF RESPONDENT: Mr Bechenstraetr from

Moodie & Robbertson Att.