Mogale v Minister of Basic Education and Others (JR1727/12) [2017] ZALCJHB 165 (20 April 2017)

Mogale v Minister of Basic Education and Others (JR1727/12) [2017] ZALCJHB 165 (20 April 2017)

The application for leave to appeal was filed one month outside the prescribed period. No application for condonation was made. The absence of a condonation application deprives the court of jurisdiction to consider the late application. Accordingly, the application for leave to appeal must be dismissed.

Citation
[2017] ZALCJHB 165
Parties
Applicant: Selaelo Agnes Mogale; Respondent: Minister of Basic Education; Respondent: MEC for Education Gauteng; Respondent: Head Dept of Education Gauteng
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 April 2017
Case Number
JR1727/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed due to lack of jurisdiction arising from late filing without condonation.
Judges
Van Niekerk
Legal Topics
Leave to Appeal, Condonation of Late Filing, Review Application
Civil Procedure Labour Law Leave to Appeal Condonation of Late Filing Review Application

Case Brief

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Parties

Selaelo Agnes Mogale

Applicant

Minister of Basic Education

Respondent

MEC for Education Gauteng

Respondent

Head Dept of Education Gauteng

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed time period.
  2. 2 Whether the court has jurisdiction to entertain a late application for leave to appeal without a condonation application.

Ratio Decidendi

The application for leave to appeal was filed one month outside the prescribed period. No application for condonation was made. The absence of a condonation application deprives the court of jurisdiction to consider the late application. Accordingly, the application for leave to appeal must be dismissed.

Court Disposition

Application for leave to appeal dismissed due to lack of jurisdiction arising from late filing without condonation.

Orders

  • The application for leave to appeal is dismissed.