Lephoto and Others v WHBO (Pty) Ltd (JS232/2014) [2018] ZALCJHB 277 (21 August 2018)

Lephoto and Others v WHBO (Pty) Ltd (JS232/2014) [2018] ZALCJHB 277 (21 August 2018)

The Court found that the initial delay in filing the statement of claim was not excessive, but the subsequent delay in bringing the condonation application—after being made aware of the default—was extreme and unjustified. The explanation provided by the applicants' attorney was neither reasonable nor acceptable, as...

Source-derived case information.

Citation
[2018] ZALCJHB 277
Parties
Applicant: Lehlohonolo Lephoto; Applicant: Phillip Majadibodu; Applicant: Dumasile Fongwana; Applicant: Xoyisile Yekiso; Applicant: Martins Mofokeng; Applicant: Lucas Mabaso; Applicant: Siyabonga Ndzimezweni; Applicant: Bright Nobhunga; Applicant: Vusile Nomaqxaba; Respondent: WBHO (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 August 2018
Case Number
JS232/2014
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Statement of Claim
Outcome
Application for condonation for late filing of statement of claim dismissed. Individual applicants' claim dismissed. No order as to costs.
Judges
E Tlhotlhalemaje
Legal Topics
Condonation, Unfair Dismissal, Statutory Timeframes, Prospects of Success, Attorney Negligence
Labour Law Civil Procedure Condonation Unfair Dismissal Statutory Timeframes Prospects of Success Attorney Negligence

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Parties

Lehlohonolo Lephoto

Applicant

Phillip Majadibodu

Applicant

Dumasile Fongwana

Applicant

Xoyisile Yekiso

Applicant

Martins Mofokeng

Applicant

Lucas Mabaso

Applicant

Siyabonga Ndzimezweni

Applicant

Bright Nobhunga

Applicant

Vusile Nomaqxaba

Applicant

WBHO (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Statement of Claim

Legal Issues

  1. 1 Whether the applicants have shown good cause for condonation of the late filing of their statement of claim.
  2. 2 Whether the delay in filing the condonation application after being made aware of the default is excusable.
  3. 3 Whether the applicants should be absolved from the errors and tardiness of their attorney of record.

Ratio Decidendi

The Court found that the initial delay in filing the statement of claim was not excessive, but the subsequent delay in bringing the condonation application—after being made aware of the default—was extreme and unjustified. The explanation provided by the applicants' attorney was neither reasonable nor acceptable, as he was repeatedly warned of the non-compliance and failed to act with diligence. The applicants did not provide confirmatory affidavits or demonstrate any active role in prosecuting their case, effectively leaving the matter entirely to their attorney. The Court held that there are limits to absolving litigants from their attorney's negligence, and in this case, the applicants...

Court Disposition

Application for condonation for late filing of statement of claim dismissed. Individual applicants' claim dismissed. No order as to costs.

Orders

  • The application for condonation for the late filing of the individual applicants’ statement of claim is dismissed.
  • The individual applicants’ claim is dismissed.