IN THE HIGH COURT OF SWAZILAND
CIVIL CASE No. 40/2011
HELD AT MBABANE
In the matter between:
ARTHUR MNDAWE AND 74 OTHERS APPLICANTS
AND
CENTRAL BANK OF SWAZILAND RESPONDENT
CORAM : RAMODIBEDI, CJ
HEARD : 27 MAY 2011
DELIVERED : 31 MAY 2011
Summary
Practice and procedure – Application for condonation of the late filing of the record of proceedings – Applicants appealing against a decision of the Industrial Court of Appeal – In terms of s21 of the Industrial Relations Act 2000, no further appeal lies to the Supreme Court – Accordingly, application dismissed.
RAMODIBEDI, CJ
[1] This is an application made to a single Judge of this Court for condonation of the late filing of the record of proceedings.
[2] At the hearing of the matter on 27 May 2011, I dismissed the application and ordered that there shall be no order as to costs. I intimated that reasons would follow. These are the reasons.
[3] Following termination of their employment by the respondent some ten years ago the applicants launched proceedings in the Industrial Court for reinstatement and other ancillary relief.
[4] On 26 November 2003, the Industrial Court dismissed the applicants’ application. They appealed to the Industrial Court of Appeal.
[5] On 17 September 2010 the Industrial Court of Appeal dismissed the applicants’ appeal after finding that they had duly been paid severance pay.
[6] On 23 September 2010 the applicants filed a “notice of appeal” to this Court. They did not file the record of proceedings.
[7] I consider that this application is plainly misconceived. This is so because no further appeal lies to this Court after the Industrial Court of Appeal has disposed of the matter. In this regard s21 of the Industrial Relations Act, 2000 provides as follows:
“21. (1) Subject of section 19 (1), the Industrial Court of Appeal shall have power to hear and determine any appeal from the Industrial Court.
(2) The Industrial Court of Appeal shall where possible, endeavour to determine an appeal referred to in subsection (1) within three (3) months from the date on which it was noted.
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After hearing an appeal, the Industrial Court of Appeal may confirm, amend or set aside the decision or order against which the appeal has been noted or make any other decision or order including an order as to costs, according to law and fairness.
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The decision of the majority of the judges hearing an appeal shall be the decision of the Court and such decision shall be final.”(Emphasis added.)
See also Swazi Observer (Pty) Limited v Hanson Ngwenya & 68 Others, Appeal No.19/2006.
[8] It was for the foregoing reasons that the application for condonation of the late filing of the record of proceedings was dismissed after hearing submissions in the matter on 27 May 2011.
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M.M. RAMODIBEDI
CHIEF JUSTICE
For Applicants : In person
For Respondent : Mr. Z.D. Jele
