Telcom Lesotho (Pty) Ltd v Mafatle, Mafatle v Telcom Lesotho (Pty) Ltd (LAC/CIV/APN 8 of 5) [2007] LSLAC 4 (31 January 2007)

Telcom Lesotho (Pty) Ltd v Mafatle, Mafatle v Telcom Lesotho (Pty) Ltd (LAC/CIV/APN 8 of 5) [2007] LSLAC 4 (31 January 2007)

The company failed to file the record of appeal within the prescribed period and did not make a proper substantive application for condonation or reinstatement. The explanations for delay were inadequate, hearsay, and unsupported by affidavit. Rule 7(14) is exhaustive and the appeal was deemed withdrawn by operation of law. The application for condonation was dismissed, and the application for declaration of deemed withdrawal was granted to put the matter beyond doubt and allow execution of the Labour Court judgment.

Citation
[2007] LSLAC 4
Parties
Applicant: Telcom Lesotho (Pty) Ltd; Respondent: Teboho Mafatle
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
31 January 2007
Case Number
LAC/CIV/APN 8 of 5
Procedural Posture
Labour Appeal / Judgment on Applications for Condonation and for Declaration of Deemed Withdrawal of Appeal
Outcome
Application for condonation dismissed; application for declaration of deemed withdrawal granted
Legal Topics
Appeal Procedure, Condonation, Abuse of Process, Execution of Judgment
Source Language
English
Labour Law Civil Procedure Appeal Procedure Condonation Abuse of Process Execution of Judgment

Case Brief

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Parties

Telcom Lesotho (Pty) Ltd

Applicant

Teboho Mafatle

Respondent

Procedural Posture

Labour Appeal / Judgment on Applications for Condonation and for Declaration of Deemed Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appeal should be deemed withdrawn for failure to file the record as required by Rule 7
  2. 2 Whether condonation for late filing of the record and application should be granted
  3. 3 Whether the application for declaration of deemed withdrawal was competent

Ratio Decidendi

The company failed to file the record of appeal within the prescribed period and did not make a proper substantive application for condonation or reinstatement. The explanations for delay were inadequate, hearsay, and unsupported by affidavit. Rule 7(14) is exhaustive and the appeal was deemed withdrawn by operation of law. The application for condonation was dismissed, and the application for declaration of deemed withdrawal was granted to put the matter beyond doubt and allow execution of the Labour Court judgment.

Court Disposition

Application for condonation dismissed; application for declaration of deemed withdrawal granted

Orders

  • LAC/CIV/APN/08/05 dismissed with costs
  • LAC/CIV/APN/05/06 granted with costs