Malatji v Tsebo Solutions Group (Pty) Ltd ta Tsebo Site Solutions (Application for Leave to Appeal) (JS640/23) [2024] ZALCJHB 471 (26 November 2024)

Malatji v Tsebo Solutions Group (Pty) Ltd ta Tsebo Site Solutions (Application for Leave to Appeal) (JS640/23) [2024] ZALCJHB 471 (26 November 2024)

The court found the delay in filing the application for leave to appeal was not excessive and granted condonation. However, the applicant failed to demonstrate that the court's discretion in granting condonation for the respondent's late filing of its response was not exercised judicially, was influenced by wrong principles, or resulted in an unreasonable decision. There were no reasonable prospects that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed.

Citation
[2024] ZALCJHB 471
Parties
Applicant: Sephodi Elijah Malatji; Respondent: Tsebo Solutions Group (Pty) Ltd t/a Tsebo Site Solutions
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 November 2024
Case Number
JS 640/23
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Condonation Decision
Outcome
Application for leave to appeal dismissed.
Judges
M Edwards
Legal Topics
Condonation, Late Filing of Response, Leave to Appeal, Judicial Discretion
Labour Law Civil Procedure Condonation Late Filing of Response Leave to Appeal Judicial Discretion

Case Brief

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Parties

Sephodi Elijah Malatji

Applicant

Tsebo Solutions Group (Pty) Ltd t/a Tsebo Site Solutions

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Condonation Decision

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
  2. 2 Whether there are reasonable prospects that another court would reach a different conclusion regarding the condonation of the late filing of the respondent's response to the statement of claim.

Ratio Decidendi

The court found the delay in filing the application for leave to appeal was not excessive and granted condonation. However, the applicant failed to demonstrate that the court's discretion in granting condonation for the respondent's late filing of its response was not exercised judicially, was influenced by wrong principles, or resulted in an unreasonable decision. There were no reasonable prospects that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.