Ashley v Commission for Conciliation, Mediation and Arbitration and Others (JR627/13) [2016] ZALCJHB 293 (2 August 2016)
- Citation
- [2016] ZALCJHB 293
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Cele
- Case number
- JR627/13
More details
- Court
- Labour Court Johannesburg
- Panel
- Cele
- Case number
- JR627/13
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Frank Gavin Ashley
ApplicantThe Commission for Conciliation, Mediation and Arbitration
RespondentCommissioner Prakash Roopa N.O
RespondentNorth West University
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
04
Questions and positions
Legal issues
- 01
Whether the applicant complied with the procedural requirements for prosecuting an application for leave to appeal against an ex-tempore judgment.
- 02
Whether failure to file a transcript of the ex-tempore judgment renders the application for leave to appeal incomplete and liable to dismissal.
Party arguments
- Applicant
- The applicant filed an application for leave to appeal but did not obtain, file, or serve a transcript of the ex-tempore judgment, nor did he indicate when it would be filed.
- Respondent
- The respondents relied on the Practice Manual, which places the responsibility for obtaining the transcript on the parties and states that time periods run from the date the judgment is handed down. The respondents argued that the applicant's failure to file the transcript rendered the application incomplete and subject to dismissal.
05
Court’s reasoning
Legal principles
- 01
Labour Court Practice Manual, paragraph 14.5
When ex-tempore judgments are handed down, it is the responsibility of the parties to arrange for the transcript of the judgment. Awaiting the transcript does not delay the time periods from continuing to run. The time periods run from the day the judgment was handed down.
06
Ratio, limits and disposition
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.
Obiter and limits
- Failure to comply with procedural requirements, such as filing a transcript of an ex-tempore judgment, will result in dismissal of applications for leave to appeal.
- The responsibility for obtaining transcripts lies with the parties, and time periods are not suspended pending transcription.
Court disposition
Application for leave to appeal dismissed.
- The application for leave to appeal is dismissed.
- There is no order as to costs.
Source and reliance status
Labour Court Johannesburg
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Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: JR627/13
In the matter between:
FRANK
GAVIN ASHLEY Applicant
AND
THE COMMISSION FOR CONSILIATION, MEDIATION AND ARBITRATION First Respondent
COMMISSIONER PRAKASH ROOPA N.O Second Respondent
NORTH WEST
UNIVERSITY Third Respondent
Date: 02 August 2016
Heard in Chambers
Summary: Application for Leave to Appeal is dismissed.
LEAVE
TO APPEAL JUDGMENT
CELE, J
[1] This is an application for leave to appeal against an ex-tempore judgment of this court handed down on 26 November 2015 in which the review application was dismissed, with no order as to costs.
[2] The present application was filed on 17 December 2015. The applicant has not prosecuted this application for leave to appeal with the necessary diligence. Seven (7) months have lapsed since the filing of this application, yet no transcript of the judgment has been obtained, filed and served.
[3] Paragraph 14.5 of the Practice manual reads:
“When ex tempore judgments are handed down, it is the responsibility of the parties to arrange for the transcript of the judgment. Awaiting the transcript does not delay the time periods from continuing to run. The time periods run from the day the judgment was handed down.”
[4] On 26 February 2016 a letter from this court was sent to the applicant’s attorneys of record directing the applicant to have the ex-tempore judgment transcribed. The letter further states that the leave to appeal application will not receive any attention until the transcribed judgment is filed. The applicant has failed to file a copy of the judgment and has failed to indicate when the judgment will be filed. Failure to file the transcribed judgment renders the application for leave to appeal incomplete and the application stands to be dismissed on that basis alone.
[5] I therefore make the following order:
5.1. The application for leave to appeal is dismissed;
5.2. There is no order as to costs.
______
Cele, J
Judge of the Labour Court of South Africa
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