Malatji v Bokoni Platinum Mine and Others (JR456/15) [2018] ZALCJHB 219 (28 June 2018)

Malatji v Bokoni Platinum Mine and Others (JR456/15) [2018] ZALCJHB 219 (28 June 2018)

The Court found that the application for leave to appeal was six days late but granted condonation due to the minimal delay and satisfactory explanation. On the merits, the Court held that the applicant failed to demonstrate reasonable prospects of success on appeal. The issues raised regarding the founding affidavit were obiter and did not affect the outcome, as all grounds for review were considered. The matter did not raise novel points of law or fact, and there was no legitimate dispute warranting the attention of the Labour Appeal Court. Accordingly, leave to appeal was refused.

Citation
[2018] ZALCJHB 219
Parties
Applicant: Lebogo Jessina Malatji; Respondent: Bokoni Platinum Mine; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: M C Lebea N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 June 2018
Case Number
JR456/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed; condonation for late filing granted; no order as to costs.
Judges
Prinsloo
Legal Topics
Leave to Appeal, Condonation, Review of Arbitration Award, Defective Affidavit
Labour Law Civil Procedure Leave to Appeal Condonation Review of Arbitration Award Defective Affidavit

Case Brief

Summary, issues, holding and outcome

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Parties

Lebogo Jessina Malatji

Applicant

Bokoni Platinum Mine

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

M C Lebea N.O.

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
  2. 2 Whether the applicant has reasonable prospects of success on appeal.
  3. 3 Whether the founding affidavit, deposed to by the applicant's attorney, was properly considered.

Ratio Decidendi

The Court found that the application for leave to appeal was six days late but granted condonation due to the minimal delay and satisfactory explanation. On the merits, the Court held that the applicant failed to demonstrate reasonable prospects of success on appeal. The issues raised regarding the founding affidavit were obiter and did not affect the outcome, as all grounds for review were considered. The matter did not raise novel points of law or fact, and there was no legitimate dispute warranting the attention of the Labour Appeal Court. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed; condonation for late filing granted; no order as to costs.

Orders

  • Condonation for the late filing of the application for leave to appeal is granted.
  • The application for leave to appeal is dismissed.