South Africa Ruling

Labour Court Johannesburg

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

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

Parties

Selaelo Agnes Mogale

Applicant

Minister of Basic Education

Respondent

MEC for Education Gauteng

Respondent

Head Dept of Education Gauteng

Respondent

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought leave to appeal against the judgment dismissing her review application. No argument was advanced regarding the late filing or condonation.
Respondent
The respondents did not file opposing papers, but the court noted the absence of any application for condonation for the late filing of the leave to appeal.

05

Court’s reasoning

  1. 01

    Labour Court Rules

    An application for leave to appeal must be filed within the time period prescribed by the Rules. If filed late, the applicant must seek condonation for the delay; otherwise, the court lacks jurisdiction to entertain the application.

06

Ratio, limits and disposition

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.

  • The application for leave to appeal is dismissed.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Ruling

[2017] ZALCJHB 165

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

JUDGMENT

Not re portable

Case no JR 1727/12

In the matter between:

SELAELO

AGNES MOGALE Applicant and

MINISTER

OF BASIC EDUCATION

MEC

FOR EDUCATION GAUTENG

HEAD

DEPT OF EDUCATION GAUTENG First Respondent Second Respondent Third Respondent

Date of ruling: 20 April 2017

RULING:

APPLICATION FOR LEAVE TO APPEAL

VAN

NIEKERK J

[1] This is an application for leave to appeal against the whole of the judgment delivered by this court on 13 December 2016. In its judgment, the court dismissed an application to review a ruling made by the second respondent.

[2] The application for leave to appeal was filed on 6 February 2017. In terms of the Rules, the application ought to have been filed by 6 January 2017. The application is a month late, and there is no application to condone the late filing. In these circumstances, this court has no jurisdiction to entertain the application.

I make the following order:

1. The application for leave to appeal is dismissed.

ANDRÉ

VAN NIEKERK

JUDGE

OF THE LABOUR COURT

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Court Rules

Legislation

Legislation referenced in the available case record.

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