Molefe v Bosch and Others (JR2590/06) [2016] ZALCJHB 502 (18 July 2016)

Molefe v Bosch and Others (JR2590/06) [2016] ZALCJHB 502 (18 July 2016)

The application for leave to appeal is incomplete because the applicant failed to file the transcribed judgment as required by the practice manual. The time periods for filing commenced from the date the judgment was delivered, and the applicant did not indicate when the transcript would be filed, despite the lapse of almost a month. Furthermore, there is no reasonable prospect that another court would reach a different conclusion, as the grounds for leave to appeal do not raise any new issues. The delay in filing the review application was excessive (102 days), and the dispute itself is long-standing, with the award under review issued almost ten years prior. Granting condonation in...

Citation
[2016] ZALCJHB 502
Parties
Applicant: R L Molefe; Respondent: Dawie Bosch N.O; Respondent: Minister of Safety and Security; Respondent: Safety and Security Sectoral Bargaining Council
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 July 2016
Case Number
JR2590/06
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
Van Niekerk
Legal Topics
Condonation, Late Filing, Leave to Appeal, Practice Manual Requirements
Labour Law Civil Procedure Condonation Late Filing Leave to Appeal Practice Manual Requirements

Case Brief

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Parties

R L Molefe

Applicant

Dawie Bosch N.O

Respondent

Minister of Safety and Security

Respondent

Safety and Security Sectoral Bargaining Council

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 is complete and compliant with the practice manual requirements.
  2. 2 Whether there is a reasonable prospect that another court would reach a different conclusion regarding the refusal of condonation for late filing of the review application.

Ratio Decidendi

The application for leave to appeal is incomplete because the applicant failed to file the transcribed judgment as required by the practice manual. The time periods for filing commenced from the date the judgment was delivered, and the applicant did not indicate when the transcript would be filed, despite the lapse of almost a month. Furthermore, there is no reasonable prospect that another court would reach a different conclusion, as the grounds for leave to appeal do not raise any new issues. The delay in filing the review application was excessive (102 days), and the dispute itself is long-standing, with the award under review issued almost ten years prior. Granting condonation in...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.