Maphosa v New Model Private College and Others (JR1731/21) [2025] ZALCJHB 302 (21 July 2025)

Maphosa v New Model Private College and Others (JR1731/21) [2025] ZALCJHB 302 (21 July 2025)

Condonation is granted to both parties for the late delivery of their respective documents, as each has demonstrated sufficient grounds. The applicants are granted leave to appeal because their argument regarding section 198B of the Labour Relations Act raises a substantive legal question that may affect the outcome of the case. Although the section 198B issue was not advanced during the review, it is primarily a question of law and may be considered by the Labour Appeal Court. The applicants' intention to introduce new evidence concerning the authority of the first respondent's attorneys is noted, but its admissibility and impact will be determined by the appellate court. The costs of...

Citation
[2025] ZALCJHB 302
Parties
Applicant: Prosper Maphosa & Others; Respondent: New Model Private College; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Gloria Ncala, N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 July 2025
Case Number
JR1731/21
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 3 March 2025.
Outcome
Leave to appeal granted; condonation granted to both parties; costs to be costs in the appeal.
Judges
Myburgh
Legal Topics
Leave to Appeal, Condonation, Fixed Term Contracts, Section 198b Lra, Introduction of New Evidence
Labour Law Civil Procedure Leave to Appeal Condonation Fixed Term Contracts Section 198b Lra Introduction of New Evidence

Case Brief

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Parties

Prosper Maphosa & Others

Applicant

New Model Private College

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Gloria Ncala, N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 3 March 2025.

Legal Issues

  1. 1 Whether condonation should be granted for the late delivery of supplementary grounds and submissions by both parties.
  2. 2 Whether the applicants have reasonable prospects of success on appeal regarding the operation of section 198B of the LRA.
  3. 3 Whether new evidence regarding the authority of the first respondent's attorneys may be introduced on appeal.

Ratio Decidendi

Condonation is granted to both parties for the late delivery of their respective documents, as each has demonstrated sufficient grounds. The applicants are granted leave to appeal because their argument regarding section 198B of the Labour Relations Act raises a substantive legal question that may affect the outcome of the case. Although the section 198B issue was not advanced during the review, it is primarily a question of law and may be considered by the Labour Appeal Court. The applicants' intention to introduce new evidence concerning the authority of the first respondent's attorneys is noted, but its admissibility and impact will be determined by the appellate court. The costs of...

Court Disposition

Leave to appeal granted; condonation granted to both parties; costs to be costs in the appeal.

Orders

  • The applicants are granted condonation for the late delivery of their supplementary grounds of appeal and submissions in support of their application for leave to appeal.
  • The first respondent is granted condonation for the late delivery of its submissions opposing the application for leave to appeal.