Mogale v Minister of Basic Education and Others (JR1727/12) [2017] ZALCJHB 165 (20 April 2017)
- Citation
- [2017] ZALCJHB 165
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Van Niekerk
- Case number
- JR1727/12
More details
- Court
- Labour Court Johannesburg
- Panel
- Van Niekerk
- Case number
- JR1727/12
On this page
Professional case brief
Research organized from the available case record
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
ApplicantMinister of Basic Education
RespondentMEC for Education Gauteng
RespondentHead Dept of Education Gauteng
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
04
Questions and positions
Legal issues
- 01
Whether the application for leave to appeal was filed within the prescribed time period.
- 02
Whether the court has jurisdiction to entertain a late application for leave to appeal without a condonation application.
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
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
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