Mabunda v Tshelane and Others (J1547/2015) [2016] ZALCJHB 114 (29 March 2016)

Mabunda v Tshelane and Others (J1547/2015) [2016] ZALCJHB 114 (29 March 2016)

The applicant failed to take any steps to prosecute the application for leave to appeal after filing the initial notice. No transcription of the ex tempore judgment was secured, and no written representations were delivered, despite reminders from the court. The court found that this failure constituted grounds for dismissal of the application with costs.

Citation
[2016] ZALCJHB 114
Parties
Applicant: Aukney Clifford Mabunda; Respondent: Goodluck Phumzile Tshelane; Respondent: South African Nuclear Energy Corporation (SOC) Limited; Respondent: M Seekoe; Respondent: NJ Mxakatho-Diseko / Johan Kellerman; Respondent: N Shaik-Peremanov; Respondent: M Mokuena; Respondent: Z Zibi / Elisie Monale
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2016
Case Number
J1547/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Myburgh
Legal Topics
Leave to Appeal, Failure to Prosecute, Costs Order
Labour Law Leave to Appeal Failure to Prosecute Costs Order

Case Brief

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Parties

Aukney Clifford Mabunda

Applicant

Goodluck Phumzile Tshelane

Respondent

South African Nuclear Energy Corporation (SOC) Limited

Respondent

M Seekoe

Respondent

NJ Mxakatho-Diseko / Johan Kellerman

Respondent

N Shaik-Peremanov

Respondent

M Mokuena

Respondent

Z Zibi / Elisie Monale

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has prosecuted the application for leave to appeal as required.
  2. 2 Whether the failure to take further steps justifies dismissal of the application with costs.

Ratio Decidendi

The applicant failed to take any steps to prosecute the application for leave to appeal after filing the initial notice. No transcription of the ex tempore judgment was secured, and no written representations were delivered, despite reminders from the court. The court found that this failure constituted grounds for dismissal of the application with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.