Mashao and Others v South African Local Government and Others (JR2234/23) [2025] ZALCJHB 134 (11 March 2025)

Mashao and Others v South African Local Government and Others (JR2234/23) [2025] ZALCJHB 134 (11 March 2025)

The applicant filed the application for leave to appeal within the prescribed period but failed to comply with the further procedural requirements of Rule 67, specifically service on the secretary to the judge and filing of submissions. Non-compliance with these mandatory rules renders the application defective. The Labour Court cannot entertain an application that does not comply with its rules, and accordingly, the application for leave to appeal must be struck from the roll.

Citation
[2025] ZALCJHB 134
Parties
Applicant: Malebana Edwin Mashao and Others; Respondent: South African Local Government Bargaining Council; Respondent: Matlala, L N.O.; Respondent: Ekurhuleni Metropolitan Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 March 2025
Case Number
JR2234/23
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation and Review Application
Outcome
Application for leave to appeal struck from the roll for non-compliance with Rule 67 of the Labour Court rules.
Judges
M Makhura
Legal Topics
Leave to Appeal, Condonation, Review Application, Labour Court Rules, Non Compliance With Rules
Labour Law Civil Procedure Leave to Appeal Condonation Review Application Labour Court Rules Non Compliance With Rules

Case Brief

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Parties

Malebana Edwin Mashao and Others

Applicant

South African Local Government Bargaining Council

Respondent

Matlala, L N.O.

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant complied with Rule 67 of the Labour Court rules in filing the application for leave to appeal.
  2. 2 Whether the application for leave to appeal should be entertained despite non-compliance with procedural requirements.

Ratio Decidendi

The applicant filed the application for leave to appeal within the prescribed period but failed to comply with the further procedural requirements of Rule 67, specifically service on the secretary to the judge and filing of submissions. Non-compliance with these mandatory rules renders the application defective. The Labour Court cannot entertain an application that does not comply with its rules, and accordingly, the application for leave to appeal must be struck from the roll.

Court Disposition

Application for leave to appeal struck from the roll for non-compliance with Rule 67 of the Labour Court rules.

Orders

  • The application for leave to appeal is struck from the roll for non-compliance with Rule 67 of the Labour Court rules.