Mabunda v Tshelane and Others (J1547/2015) [2016] ZALCJHB 114 (29 March 2016)
- Citation
- [2016] ZALCJHB 114
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Myburgh
- Case number
- J1547/2015
More details
- Court
- Labour Court Johannesburg
- Panel
- Myburgh
- Case number
- J1547/2015
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Aukney Clifford Mabunda
ApplicantGoodluck Phumzile Tshelane
RespondentSouth African Nuclear Energy Corporation (SOC) Limited
RespondentM Seekoe
RespondentNJ Mxakatho-Diseko / Johan Kellerman
RespondentN Shaik-Peremanov
RespondentM Mokuena
RespondentZ Zibi / Elisie Monale
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether the applicant has prosecuted the application for leave to appeal as required.
- 02
Whether the failure to take further steps justifies dismissal of the application with costs.
Party arguments
- Applicant
- The applicant sought leave to appeal against the ex tempore judgment delivered on 7 August 2015. However, after delivering the notice of application for leave to appeal on 11 August 2015, the applicant took no further steps to prosecute the application, did not secure a transcription of the judgment, and did not deliver written representations in support of the application.
- Respondent
- The respondents did not file formal arguments, but the court noted the applicant's failure to prosecute the application and the absence of any steps taken after the initial notice, despite reminders from the court.
05
Court’s reasoning
Legal principles
- 01
Labour Court practice
An applicant must actively prosecute an application for leave to appeal, including securing necessary transcripts and submitting written representations.
- 02
Labour Court practice
Failure to prosecute an application for leave to appeal may result in dismissal of the application with costs.
06
Ratio, limits and disposition
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.
- The application for leave to appeal is dismissed with costs.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: J1547/2015
In the matter between:
AUKNEY
CLIFFORD MABUNDA Applicant and
GOODLUCK PHUMZILE
TSHELANE First Respondent
SOUTH AFRICAN NUCLEAR ENERGY CORPORATION (SOC) LIMITED Second Respondent
M SEEKOE Third Respondent NJ MXAKATHO-DISEKO / JOHAN KELLERMAN Fourth Respondent N SHAIK-PEREMANOV Fifth Respondent
M MOKUENA Sixth Respondent Z ZIBI / ELISIE
MONALE Seventh Respondent
Decided in chambers
Date: 29 March 2016
JUDGMENT
IN APPLICATION FOR LEAVE TO APPEAL
MYBURGH, AJ
[1] The applicant seeks leave to appeal against my ex tempore judgment delivered on 7 August 2015.
[2] After having delivered a notice of application for leave to appeal on 11 August 2015, the applicant has taken no further steps to prosecute the application. The applicant has not secured a transcription of the ex tempore judgment; nor has he delivered written representations in support of the application. This despite an email addressed by my associate to his representative on 10 November 2015.
[3] Given the applicant’s failure to prosecute the application for leave to appeal, it is hereby dismissed with costs.
________
Myburgh, AJ
Acting Judge of the Labour Court of South Africa
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