Kgoale v Thaba Chweu Local Municipality and Others ( Application for Leave to Appeal) (JR19/22) [2025] ZALCJHB 136 (20 March 2025)
The court found that the applicant failed to deliver submissions in support of the application for leave to appeal within the period prescribed by Rule 67(5) of the Labour Court rules. The non-compliance with the rule is fatal to the application, and as a result, the application for leave to appeal must be struck...
Source-derived case information.
- Citation
- [2025] ZALCJHB 136
- Parties
- Applicant: Thoka Makorwane Patrick Kgoale; Respondent: Thaba Chweu Local Municipality; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Letsema Mokoena N.O.
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR19/22
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Dismissal of Review Application
- Outcome
- Application for leave to appeal struck from the roll for non-compliance with Rule 67(5).
- Judges
- M Makhura
- Legal Topics
- Leave to Appeal, Non Compliance With Rules, Review of Arbitration Award
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thoka Makorwane Patrick Kgoale
Applicant
Thaba Chweu Local Municipality
Respondent
Commission for Conciliation, Mediation and Arbitration
Respondent
Letsema Mokoena N.O.
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Review Application
Legal Issues
- 1 Whether the application for leave to appeal complies with Rule 67(5) of the Labour Court rules.
- 2 Whether the failure to deliver submissions within the prescribed period warrants striking the application from the roll.
Ratio Decidendi
The court found that the applicant failed to deliver submissions in support of the application for leave to appeal within the period prescribed by Rule 67(5) of the Labour Court rules. The non-compliance with the rule is fatal to the application, and as a result, the application for leave to appeal must be struck from the roll. The court emphasized the importance of adherence to procedural rules to ensure the proper administration of justice.
Court Disposition
Application for leave to appeal struck from the roll for non-compliance with Rule 67(5).
Orders
- The application for leave to appeal is struck from the roll for non-compliance with Rule 67(5) of the Labour Court rules.
Full Case Text
Judgment text and source record
29 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: JR19/22
In the matter between:
THOKA MAKORWANE PATRICK KGOALE
Applicant
and
THABA CHWEU LOCAL MUNICIPALITY
First Respondent
COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION
Second Respondent
LETSEMA MOKOENA N.O.
Third Respondent
Heard: In Chambers
Delivered: 20 March 2025
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
MAKHURA, J
[1] The applicant applied for leave to appeal against the whole of the judgment and order issued by this Court on 12 December 2024. In terms of that judgment, this Court dismissed the applicant’s application to review and set aside the award.
[2] The application for leave to appeal was delivered on 29 January 2025 and it is in compliance with and was launched within the prescribed period set out in the Rules Regulating the Conduct of the Proceedings of the Labour Court. Rule 67(5) provides that:
‘Within 10 days of the filing of the application for leave to appeal, the party seeking leave may file submissions in support of the application, and any party opposing the application for leave to appeal may file its opposing submissions within 5 days thereafter.’
[3] In his notice of application for leave to appeal, the applicant stated that unless otherwise directed by this Court, he would deliver
the submissions within 10 days. That period expired on 12 February 2025. To date, the applicant has not delivered his submissions. The application is therefore non-compliant with the rules of this Court and it falls to be struck from the roll for non-compliance.
[4] In the premises, the following order is made:
Order
1. The application for leave to appeal is struck from the roll for non-compliance with Rule 67(5) of the Labour Court rules.
M. Makhura
Judge of the Labour Court of South Africa