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

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

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.

Citation
[2021] ZALCJHB 294
Parties
Applicant: Junius Kobe; Applicant: Malose Peter Mogodi; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mashigo Michael Lati N.O.; Respondent: Mogalakwena Platinum Mine
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 September 2021
Case Number
J1003/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Leave to Appeal, Review Application, Court Rules Compliance
Labour Law Leave to Appeal Review Application Court Rules Compliance

Case Brief

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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

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants' application for leave to appeal is properly before the court.
  2. 2 Whether non-compliance with the Labour Court Rules and Practice Manual warrants dismissal of the application for leave to appeal.

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.

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.