Mosola and Others v Memla (J 1429/19) [2020] ZALCJHB 172 (7 May 2020)

Mosola and Others v Memla (J 1429/19) [2020] ZALCJHB 172 (7 May 2020)

The application for leave to appeal against the judgment of 29 November 2019 was filed outside the prescribed 15-day period and was not accompanied by an application for condonation for the late filing. In the absence of such an application, the Labour Court lacks jurisdiction to entertain the application for leave to appeal. Regarding the costs order of 18 December 2019, the application for leave to appeal was filed within the prescribed period, but the applicants failed to advance any grounds or submissions attacking the costs order. As a result, they did not demonstrate reasonable prospects of success on appeal, and the application for leave to appeal against the costs order must be...

Citation
[2020] ZALCJHB 172
Parties
Applicant: Moeketsi Mosola; Applicant: The City of Tshwane Metropolitan Municipality; Applicant: Diale Mogashoa Attorneys; Respondent: Notobeko Memela
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 May 2020
Case Number
J 1429/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Costs Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Prinsloo
Legal Topics
Leave to Appeal, Condonation, Costs Order, Jurisdiction, Labour Court Rules
Labour Law Civil Procedure Leave to Appeal Condonation Costs Order Jurisdiction Labour Court Rules

Case Brief

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Parties

Moeketsi Mosola

Applicant

The City of Tshwane Metropolitan Municipality

Applicant

Diale Mogashoa Attorneys

Applicant

Notobeko Memela

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Costs Order

Legal Issues

  1. 1 Whether the application for leave to appeal against the judgment of 29 November 2019 was filed within the prescribed period and, if not, whether condonation was sought and could be granted.
  2. 2 Whether the application for leave to appeal against the costs order of 18 December 2019 discloses reasonable prospects of success.
  3. 3 Whether the Labour Court has jurisdiction to entertain a late application for leave to appeal absent a condonation application.

Ratio Decidendi

The application for leave to appeal against the judgment of 29 November 2019 was filed outside the prescribed 15-day period and was not accompanied by an application for condonation for the late filing. In the absence of such an application, the Labour Court lacks jurisdiction to entertain the application for leave to appeal. Regarding the costs order of 18 December 2019, the application for leave to appeal was filed within the prescribed period, but the applicants failed to advance any grounds or submissions attacking the costs order. As a result, they did not demonstrate reasonable prospects of success on appeal, and the application for leave to appeal against the costs order must be...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.