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South Africa Order

Labour Court Johannesburg

Bojosinyane v Ditsobotla Local Municipality and Others (2025/013682) [2025] ZALCJHB 222 (9 June 2025)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the first respondent had formally withdrawn its application for leave to appeal. The second and third respondents failed to comply with the Labour Court Rules by not filing written submissions within the prescribed period and taking no further steps to pursue their application. As a result, the application for leave to appeal by the second and third respondents was struck off the roll for non-compliance.

Court disposition

The first respondent's application for leave to appeal is withdrawn. The second and third respondents' application for leave to appeal is struck off the roll for non-compliance with the rules of court.

Orders

  • It is declared that the first respondent’s application for leave to appeal is withdrawn.
  • The second and third respondents’ application for leave to appeal is struck off the roll for non-compliance with the rules of this Court.

02

Material facts

Parties

Olaotse Theophilus Bojosinyane

Applicant

Ditsobotla Local Municipality

Respondent

Councilor Mazwi Moruri N.O.

Respondent

Rasupang Clarius Mooketsi N.O.

Respondent

MEC: Cooperative Governance, Human Settlement and Traditional Affairs, North West

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant did not file submissions in this leave to appeal application, as the matter concerns procedural compliance by the respondents.
Respondent
The first respondent withdrew its application for leave to appeal. The second and third respondents, represented by Sifumba Attorneys, failed to file written submissions within the prescribed period and took no further steps to pursue the application after the withdrawal.

05

Court’s reasoning

  1. 01

    Labour Court Rules

    An application for leave to appeal must comply with the rules of court, including the timely filing of written submissions.

  2. 02

    Labour Court Rules

    Failure to comply with procedural requirements may result in the application being struck off the roll.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the first respondent had formally withdrawn its application for leave to appeal. The second and third respondents failed to comply with the Labour Court Rules by not filing written submissions within the prescribed period and taking no further steps to pursue their application. As a result, the application for leave to appeal by the second and third respondents was struck off the roll for non-compliance.

Obiter and limits

  • Legal representatives must ensure that they are properly placed on record before the court.
  • Strict compliance with procedural rules is required in applications for leave to appeal.

Court disposition

The first respondent's application for leave to appeal is withdrawn. The second and third respondents' application for leave to appeal is struck off the roll for non-compliance with the rules of court.

  • It is declared that the first respondent’s application for leave to appeal is withdrawn.
  • The second and third respondents’ application for leave to appeal is struck off the roll for non-compliance with the rules of this Court.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

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Source document

Labour Court Johannesburg

Order

[2025] ZALCJHB 222

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case No: 2025-013682

In the matter between:

OLAOTSE

THEOPHILUS BOJOSINYANE

Applicant

and

DITSOBOTLA

LOCAL MUNICIPALITY

First Respondent

COUNCILOR MAZWI MORURI N.O.

Second Respondent

RASUPANG CLARIUS MOOKETSI N.O.

Third Respondent

MEC: COOPERATIVE GOVERNANCE, HUMAN

SETTLEMENT AND TRADITIONAL AFFAIRS, NORTH WEST Fourth Respondent

Heard: In Chambers

Delivered: 9 June 2025

JUDGMENT: APPLICATION

FOR LEAVE TO APPEAL

MAKHURA, J

[1] On 5 March 2025, the Municipality, together with the second and third respondents, filed an application for leave to appeal. On 6 March 2025, the first respondent withdrew the application for leave to appeal. On 20 March 2025, this Court issued a second judgment in terms of which the second and third respondents were ordered to pay the costs of the urgent applicant.

[2] On 3 June 2025, Sifumba Attorneys addressed a letter to this Court in which they “confirm and maintain” that they act for the first to third respondents and enquired when they would receive “audience insofar as their application for leave to appeal is concerned”. There is no record of Sifumba Attorneys placing themselves on record. From the record of these proceedings uploaded on CaseLines, since the withdrawal of the application for leave to appeal by the first respondent, no further steps were taken by the second and third respondents to pursue the application.

[3] Accordingly, the second and third respondents have failed to comply with the rules of this Court in that they have to date failed to file the written submissions within the prescribed period and the application for leave to appeal insofar as it relates to them falls to be struck off for non-compliance.

[4] In the premises, the following order is made:

Order:

1. It is declared that the first respondent’s application for leave to appeal is withdrawn.

2. The second and third respondents’ application for leave to appeal is struck off the roll for non-compliance with the rules of this Court.

M. Makhura

Judge of the Labour Court of South Africa

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Court Rules

Legislation

Legislation referenced in the available case record.

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