High School Ermelo and Another v Head of the Department Mpumalanga Department of Education and Others (30627/07) [2007] ZAGPHC 165; [2008] 1 All SA 139 (T) (29 August 2007)

High School Ermelo and Another v Head of the Department Mpumalanga Department of Education and Others (30627/07) [2007] ZAGPHC 165; [2008] 1 All SA 139 (T) (29 August 2007)

The court found that the applicants failed to provide a reasonable explanation for the delay in filing their notice of application for leave to appeal. The delay was attributed to gross ineptitude by their legal representatives, who submitted a fatally defective notice and wasted time by prematurely approaching the Supreme Court of Appeal. The subsequent attempt to amend an unamendable notice further delayed proceedings. The court held that there were no reasonable prospects of success on appeal and that the main application was about to be heard, so any prejudice to the applicants was mitigated. Accordingly, condonation was refused, and the application for leave to appeal was struck from...

Citation
[2007] ZAGPHC 165
Parties
Applicant: High School Ermelo; Applicant: Governing Body of High School Ermelo; Respondent: The Head of the Department Mpumalanga Department of Education; Respondent: Ms Jina Khudaija; Respondent: Mr Danka Munera; Respondent: Mr Essay Yaood; Respondent: Mr Coenie van Greunen; Respondent: Ms Queen Nqoele; Respondent: Jacobus Kruger; Respondent: The Minister of Education; Respondent: Ncane Elizabeth Masilela
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
29 August 2007
Case Number
30627/07
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal Following Rescission and Refusal of Interim Relief
Outcome
Application for condonation dismissed; application for leave to appeal struck from the roll; costs awarded against applicants.
Judges
B M Ngoepe, W L Seriti, N Ranchod
Legal Topics
Condonation, Leave to Appeal, Interim Interdict, Joinder of Parties
Civil Procedure Condonation Leave to Appeal Interim Interdict Joinder of Parties

Case Brief

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Parties

High School Ermelo

Applicant

Governing Body of High School Ermelo

Applicant

The Head of the Department Mpumalanga Department of Education

Respondent

Ms Jina Khudaija

Respondent

Mr Danka Munera

Respondent

Mr Essay Yaood

Respondent

Mr Coenie van Greunen

Respondent

Ms Queen Nqoele

Respondent

Jacobus Kruger

Respondent

The Minister of Education

Respondent

Ncane Elizabeth Masilela

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal Following Rescission and Refusal of Interim Relief

Legal Issues

  1. 1 Whether condonation for late filing of notice of application for leave to appeal should be granted.
  2. 2 Whether the application for leave to appeal against the orders made on 13 February 2007 should be entertained.
  3. 3 Whether the applicants have reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the applicants failed to provide a reasonable explanation for the delay in filing their notice of application for leave to appeal. The delay was attributed to gross ineptitude by their legal representatives, who submitted a fatally defective notice and wasted time by prematurely approaching the Supreme Court of Appeal. The subsequent attempt to amend an unamendable notice further delayed proceedings. The court held that there were no reasonable prospects of success on appeal and that the main application was about to be heard, so any prejudice to the applicants was mitigated. Accordingly, condonation was refused, and the application for leave to appeal was struck from...

Court Disposition

Application for condonation dismissed; application for leave to appeal struck from the roll; costs awarded against applicants.

Orders

  • The applicants' application for condonation of the late filing of notice of application for leave to appeal against the orders made by this court on 13 February 2007 is dismissed.
  • The applicants' application for leave to appeal filed on 14 February 2007 is struck from the roll.