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IN THE LABOUR COURT OF SOUTH AFRICA

HELD AT DURBAN

                                                                                                       CASE NO:D426/08

                                                                                           DATE:9 FEBRUARY 2009

In the matter between

BUHLE ZAMOKWAKHE MIYA                                                                                    Applicant

and

A KALAPARSAD T/A NIKIELS COACH TOURS                                           First Respondent

COMMISSION FOR CONCILIATION,

MEDIATION AND ARBITRATION                                                              Second Respondent

COMMISSIONER HILDA GROBLER                                                             Third Respondent

JUDGMENT

PILLAY D, J 

This is an application to review and set aside the award of the third respondent commissioner.  The principle complaint against the award is that the commissioner did not allow the applicant a fair opportunity to cross examine the first respondent, the employer.

The Court has debated at length the evidence from the transcripts with Mr Jafta who appears for the applicant, and it has not found any evidence to support the contention that the arbitrator interfered unduly with the applicant’s cross examination.  The arbitrator was keen to hold the parties to her terms of reference and to that extent steered the proceedings.    

Furthermore, it is not enough for the applicant to say that he was prevented from asking a question.  The applicant has to go further and say that he might have shown that the employer was lying.  That case has not been made out in the pleadings. The applicant has failed to establish that in the circumstances of this case, the arbitrator’s interventions in the proceedings impeded his cross examination unfairly.  The application for review is dismissed.

___________

Pillay D, J

 

Date of Editing: 22 May 2009

 

Appearances:

For the Applicant:      Mr Jafta – Jafta Inc

For the Respondent: No Appearance

IN THE HIGH COURT OF SOUTH AFRICA

DURBAN AND COAST LOCAL DIVISION

HELD AT DURBAN

CASE NO                                                  :                                                     D426/08

 

DATE                                                         :                                                                   

 

In the matter between

BUHLE ZAMOKWAKHE MIYA                                                                  Applicant

and

A KALAPARSAD T/A NIKIELS COACH TOURS                                      Respondent

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BEFORE THE HONOURABLE MADAM JUSTICE PILLAY

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ON BEHALF OF APPLICANT                :                                                 MR JAFTA

REPORT ON RECORDING Clear recording.

 TRANSCRIBER’S CERTIFICATE

This is, to the best abilities of the transcriber, a true and correct transcript of the proceedings, where audible, recorded by means of a mechanical recorder in the matter:

B Z MIYA v A KALAPARSAD t/a NIKIELS COACH TOURS

CASE NO                                                  :                                                   D426/08

COURT OF ORIGIN                                  :                                                   DURBAN

TRANSCRIBER                                        :                                                    MRS S M BOYCE

DATE COMPLETED                                :                                                      10 MARCH 2009

 

NO OF TAPES                                          :                                                     CD

 

NO OF PAGES                                         :                                                       44

 

 

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