Boshomane v Milpark Education and Others (Application for Leave to Appeal) (J1027/24) [2025] ZALCJHB 300 (15 July 2025)
- Citation
- [2025] ZALCJHB 300
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- W. Kruger
- Case number
- J1027/24
More details
- Court
- Labour Court Johannesburg
- Panel
- W. Kruger
- Case number
- J1027/24
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the application for leave to appeal was filed outside the prescribed 15-day period and that the applicant failed to bring an application for condonation for the late filing. In the absence of a condonation application, the court lacks jurisdiction to entertain the application for leave to appeal. The application was accordingly removed from the roll.
Court disposition
Application for leave to appeal removed from the roll due to lack of jurisdiction arising from absence of condonation application.
Orders
- The Court does not have the jurisdiction to consider the application for leave to appeal without a proper application for condonation.
- The application for leave to appeal is removed from the roll.
02
Material facts
Parties
Lesiba Johannes Boshomane
ApplicantMilpark Education
RespondentPiet van Staden
RespondentCommission for Conciliation Mediation and Arbitration
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether the application for leave to appeal was filed within the prescribed time period.
- 02
Whether the absence of a condonation application for late filing deprives the court of jurisdiction to consider the application.
Party arguments
- Applicant
- The applicant sought leave to appeal against the judgment and order of the Labour Court, but did not address the late filing or submit an application for condonation.
- Respondent
- The respondents did not file opposing papers, but the court considered the matter on the basis of procedural compliance with the Labour Court Rules.
05
Court’s reasoning
Legal principles
- 01
Rule 67(2) of the Rules Regulating the Conduct of the Proceedings of the Labour Court
An application for leave to appeal must be filed within 15 days from the date of the judgment, as required by Rule 67(2) of the Labour Court Rules.
- 02
Labour Court practice; see also National Union of Mineworkers v Council for Mineral Technology 1999 (3) SA 674 (SCA)
Where an application for leave to appeal is filed out of time, a proper application for condonation is required for the court to have jurisdiction to consider the application.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the application for leave to appeal was filed outside the prescribed 15-day period and that the applicant failed to bring an application for condonation for the late filing. In the absence of a condonation application, the court lacks jurisdiction to entertain the application for leave to appeal. The application was accordingly removed from the roll.
Obiter and limits
- The court emphasized the importance of complying with procedural rules to ensure the proper administration of justice.
- Failure to bring a condonation application for late filing is fatal to the prospects of having the matter heard.
Court disposition
Application for leave to appeal removed from the roll due to lack of jurisdiction arising from absence of condonation application.
- The Court does not have the jurisdiction to consider the application for leave to appeal without a proper application for condonation.
- The application for leave to appeal is removed from the roll.
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: J 1027/24
In the matter between:
LESIBA
JOHANNES BOSHOMANE
Applicant
and
MILPARK
EDUCATION
First Respondent
PIET VAN
STADEN
Second Respondent
COMMISSION FOR CONCILIATION
MEDIATION AND
ARBITRATION
Third Respondent
Decided: In Chambers
Delivered: 15 July 2025
JUDGMENT – APPLICATION FOR
LEAVE TO APPEAL
KRUGER, AJ
Introduction
[1] On 20 April 2025 this Court handed down judgment in terms of which this Court found that it did not have the jurisdiction to adjudicate perjury disputes and that the Applicant must refer this dispute to the Department of Public Prosecutions. The Applicant filed an application for leave to appeal against the whole judgment and order of this Court.
[2] The application for leave to appeal was filed on 6 June 2025. This is not in compliance with Rule 67 (2) of the Rules Regulating the Conduct of the Proceedings of the Labour Court. In terms of the rules the application for leave to appeal must be filed within 15 days from the date of the judgement.
[3] The Applicant did not bring an application for condonation for the late filing of his application for leave to appeal.
[4] Without a proper condonation application this court does not have the jurisdiction to consider the application.
[5] In the result the following order is made:
Order
1. The Court does not have the jurisdiction to consider the application for leave to appeal without a proper application for condonation;
2. The application for leave to appeal is removed from the roll.
W. Kruger
Acting Judge of the Labour Court of South Africa
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