Ashley v Commission for Conciliation, Mediation and Arbitration and Others (JR627/13) [2016] ZALCJHB 293 (2 August 2016)

Ashley v Commission for Conciliation, Mediation and Arbitration and Others (JR627/13) [2016] ZALCJHB 293 (2 August 2016)

The applicant failed to prosecute the application for leave to appeal with the necessary diligence, as required by the Practice Manual. Seven months elapsed since filing without obtaining or filing the transcript of the ex-tempore judgment. The court had directed the applicant to have the judgment transcribed and made clear that the application would not receive attention until the transcript was filed. The applicant's failure to comply with these requirements rendered the application incomplete. Accordingly, the application for leave to appeal was dismissed on this procedural basis.

Citation
[2016] ZALCJHB 293
Parties
Applicant: Frank Gavin Ashley; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Prakash Roopa N.O; Respondent: North West University
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 August 2016
Case Number
JR627/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
Cele
Legal Topics
Leave to Appeal, Practice Manual Compliance, Ex Tempore Judgment, Review Application Dismissal
Labour Law Civil Procedure Leave to Appeal Practice Manual Compliance Ex Tempore Judgment Review Application Dismissal

Case Brief

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Parties

Frank Gavin Ashley

Applicant

The Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Prakash Roopa N.O

Respondent

North West University

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant complied with the procedural requirements for prosecuting an application for leave to appeal against an ex-tempore judgment.
  2. 2 Whether failure to file a transcript of the ex-tempore judgment renders the application for leave to appeal incomplete and liable to dismissal.

Ratio Decidendi

The applicant failed to prosecute the application for leave to appeal with the necessary diligence, as required by the Practice Manual. Seven months elapsed since filing without obtaining or filing the transcript of the ex-tempore judgment. The court had directed the applicant to have the judgment transcribed and made clear that the application would not receive attention until the transcript was filed. The applicant's failure to comply with these requirements rendered the application incomplete. Accordingly, the application for leave to appeal was dismissed on this procedural basis.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.