South Africa Ruling

Labour Court Johannesburg

Kobe and Another v Commission for Conciliation, Mediation and Arbitration and Others (J1003/17) [2021] ZALCJHB 294 (22 September 2021)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the applicants failed to comply with the mandatory procedural requirements for an application for leave to appeal, specifically the filing of written submissions within 10 days of the notice. As a result, the application was not properly before the court. The court held that non-compliance with these rules is fatal to the application and dismissed it accordingly. No order as to costs was made.

Court disposition

Application for leave to appeal dismissed.

Orders

  • The First and Second Applicants’ application for leave to appeal is dismissed.
  • There is no order as to costs.

02

Material facts

Parties

Junius Kobe

Applicant

Malose Peter Mogodi

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Mashigo Michael Lati N.O.

Respondent

Mogalakwena Platinum Mine

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants sought leave to appeal against the judgment dismissing their application to revive and reinstate the review application. They filed the notice of leave to appeal but did not submit written submissions within the prescribed period.
Respondent
The respondents argued that the applicants failed to comply with rule 30(3A) of the Labour Court Rules and paragraph 15.2 of the Practice Manual, as no written submissions were filed within 10 days of the notice. Therefore, the application for leave to appeal is not properly before the court and should be dismissed.

05

Court’s reasoning

  1. 01

    Rule 30(3A) of the Labour Court Rules; Practice Manual, paragraph 15.2

    An application for leave to appeal must comply with the procedural requirements set out in the Labour Court Rules and Practice Manual, including the timely filing of written submissions.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicants failed to comply with the mandatory procedural requirements for an application for leave to appeal, specifically the filing of written submissions within 10 days of the notice. As a result, the application was not properly before the court. The court held that non-compliance with these rules is fatal to the application and dismissed it accordingly. No order as to costs was made.

Obiter and limits

  • Strict compliance with court rules and practice manuals is essential to the proper administration of justice.
  • Failure to adhere to prescribed timeframes may result in dismissal of applications without consideration of their merits.

Court disposition

Application for leave to appeal dismissed.

  • The First and Second Applicants’ application for leave to appeal is dismissed.
  • There is no order as to costs.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Ruling

[2021] ZALCJHB 294

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

J 1003/17

In the matter between:

JUNIUS KOBE First

Applicant

MALOSE PETER MOGODI Second

Applicant

and

COMMISSION FOR

CONCILIATION

MEDIATION AND ARBITRATION First

Respondent

MASHIGO MICHAEL LATI N.O. Second

Respondent

MOGALAKWENA PLATINUM MINE Third

Respondent

Decided in Chambers:

Delivered: This judgment was handed down electronically by circulation to the parties' legal representatives by email and publication on the Labour Court’s website. The date and time for hand-down is deemed to be 22 September 2021 at 14:00

JUDGMENT: LEAVE TO

APPEAL

TLHOTLHALEMAJE, J

[1] On 4 April 2021, this Court delivered judgment wherein the first and second applicants’ application to revive and reinstate the review application was dismissed with no order as to costs. The applicants have since filed an application for leave to appeal against the whole judgment and order.

[2] The applicants filed the application for leave to appeal on or about 22 April 2021. In terms of rule 30(3A) of the Rules of this Court read with paragraph 15.2 of the Practice Manual, the applicants ought to have filed written submissions in support of the application for leave to appeal within 10 days from filing of the Notice of leave to appeal. Since 22 April 2021, these provisions have not been complied with, and as a consequence of that non-compliance, the purported application for leave to appeal is not properly before the Court, and ought to be therefore dismissed.

[3] Accordingly, the following order is made;

Order:

1. The First and Second Applicants’ application for leave to appeal is dismissed.

2. There is no order as to costs.

Edwin Tlhotlhalemaje

Judge of the Labour Court of South Africa

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Court Rules

Legislation

Legislation referenced in the available case record.

Practice Manual of the Labour Court

Legislation

Legislation referenced in the available case record.

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