Boshomane v Milpark Education and Others (Application for Leave to Appeal) (J1027/24) [2025] ZALCJHB 300 (15 July 2025)

Boshomane v Milpark Education and Others (Application for Leave to Appeal) (J1027/24) [2025] ZALCJHB 300 (15 July 2025)

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.

Citation
[2025] ZALCJHB 300
Parties
Applicant: Lesiba Johannes Boshomane; Respondent: Milpark Education; Respondent: Piet van Staden; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 July 2025
Case Number
J1027/24
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal removed from the roll due to lack of jurisdiction arising from absence of condonation application.
Judges
W. Kruger
Legal Topics
Leave to Appeal, Condonation, Jurisdiction, Labour Court Rules
Civil Procedure Labour Law Leave to Appeal Condonation Jurisdiction Labour Court Rules

Case Brief

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Parties

Lesiba Johannes Boshomane

Applicant

Milpark Education

Respondent

Piet van Staden

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed time period.
  2. 2 Whether the absence of a condonation application for late filing deprives the court of jurisdiction to consider the application.

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.

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.