DENOSA obo Members v Minister of Health and Others (J1535/10) [2016] ZALCJHB 6 (12 January 2016)
The application for leave to appeal was filed late and no condonation application was made. Furthermore, the applicants failed to file the required submissions in terms of Clause 15.2 of the Practice Manual and Rule 30(3A). No further steps were taken to prosecute the application. In the absence of a proper...
Source-derived case information.
- Citation
- [2016] ZALCJHB 6
- Parties
- Applicant: DENOSA obo Members; Respondent: The Minister of Health (National Government); Respondent: MEC for Health and Social Development, Gauteng Province; Respondent: The Minister of Public Service and Administration; Respondent: Sterkfontein Hospital; Respondent: Public Health and Social Development Sectoral Bargaining Council; Respondent: Moletsane R NO
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J1535/10
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 9 April 2015.
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Tlhotlhalemaje
- Legal Topics
- Leave to Appeal, Condonation, Practice Manual Compliance
Source-derived case record
Summary, issues, holding and outcome
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Parties
DENOSA obo Members
Applicant
The Minister of Health (National Government)
Respondent
MEC for Health and Social Development, Gauteng Province
Respondent
The Minister of Public Service and Administration
Respondent
Sterkfontein Hospital
Respondent
Public Health and Social Development Sectoral Bargaining Council
Respondent
Moletsane R NO
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 9 April 2015.
Legal Issues
- 1 Whether the application for leave to appeal should be entertained despite being filed late without condonation.
- 2 Whether the absence of submissions as required by the Practice Manual precludes consideration of the application.
Ratio Decidendi
The application for leave to appeal was filed late and no condonation application was made. Furthermore, the applicants failed to file the required submissions in terms of Clause 15.2 of the Practice Manual and Rule 30(3A). No further steps were taken to prosecute the application. In the absence of a proper application before the court, and in light of non-compliance with procedural requirements, the application for leave to appeal is dismissed.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: J1535/10
In the matter between:
DENOSA obo MEMBERS Applicants and THE MINISTER OF HEALTH (NATIONAL GOVERNMENT) First Respondent MEC FOR HEALTH AND SOCIAL DEVELOPMENT, GAUTENG PROVINCE Second Respondent THE MINISTER OF PUBLIC SERVICE AND ADMINISTRATION Third Respondent STERKFONTEIN HOSPITAL Fifth Respondent PUBLIC HEALTH AND SOCIAL DEVELOPMENT SECTORAL BARGAINING COUNCIL Sixth Respondent MOLETSANE R NO Seventh Respondent
Date: 12 January 2016
Decided in chambers.
JUDGMENT - APPLICATION FOR LEAVE TO APPEAL
TLHOTLHALEMAJE, J
[1] Judgment in this matter was handed down on 9 April 2015. On 4 May 2015, the Applicants had filed an application for leave to appeal. The application was already late at the stage that it was filed, and no application for condonation had been launched.
[2] Since then, no action has been taken on the matter, and full submissions in regard to that application have not been forthcoming as contemplated in Clause 15.2 of this Court’s Practice Manual which provides that;
“Within 10 days of the filing of the application for leave to appeal, the party seeking leave must file its submissions in terms of Rule 30(3A) and the party opposing the leave must file its submissions five days thereafter. An application for leave to appeal will be decided by the judge in Chambers on the basis of the submissions filed in terms of Rule 30 (3A), unless the judge directs that the application be heard in open court.”
[3] In the light of no further steps having been taken in respect of this application, and essentially no proper application being before the court, the following order is deemed to be appropriate;
Order:
I. The application for leave to appeal is dismissed.
__________________
Tlhotlhalemaje, J
Judge of the Labour Court of South Africa