South Africa Ruling

Labour Court Johannesburg

Motebu v Sylvania Metals (JS617/16) [2017] ZALCJHB 182 (20 February 2017)

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Research organized from the available case record

Source document

01

Holding and result

The court held that the applicant's application for leave to appeal was filed out of time and without an application for condonation, which is a jurisdictional prerequisite. The court was entitled, and indeed obliged, to consider the jurisdictional point regarding late referral. The applicant had been afforded an opportunity to apply for condonation but failed to do so. There was no merit in the grounds for leave to appeal, and the application was dismissed. The court exercised its discretion under section 162 of the Labour Relations Act to award costs against the applicant, finding that the requirements of law and fairness justified such an order.

Court disposition

Application for leave to appeal dismissed with costs.

Orders

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

02

Material facts

Parties

James Motebu

Applicant

Sylvania Metals

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Judgment on Condonation

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contends that the court erred in raising and considering the jurisdictional point regarding the late referral of his dispute. He submits that the order was made without his consent and challenges the dismissal of his application for review.
Respondent
The respondent argues that the applicant's application for leave to appeal is without merit, as it was filed out of time and without an application for condonation. The respondent submits that the court was entitled, if not obliged, to consider the jurisdictional point and that the application is egregious, warranting a costs order against the applicant.

05

Court’s reasoning

  1. 01

    Labour Relations Act, s 162

    A court must have jurisdiction to hear a matter; hearing a matter without jurisdiction infringes the rule of law.

  2. 02

    Motebu v Sylvania Metals (JS617/16) [2017] ZALCJHB 182

    An application filed out of time without condonation should be dismissed for want of jurisdiction.

06

Ratio, limits and disposition

Ratio decidendi

The court held that the applicant's application for leave to appeal was filed out of time and without an application for condonation, which is a jurisdictional prerequisite. The court was entitled, and indeed obliged, to consider the jurisdictional point regarding late referral. The applicant had been afforded an opportunity to apply for condonation but failed to do so. There was no merit in the grounds for leave to appeal, and the application was dismissed. The court exercised its discretion under section 162 of the Labour Relations Act to award costs against the applicant, finding that the requirements of law and fairness justified such an order.

Obiter and limits

  • The applicant's failure to object to the postponement and opportunity to apply for condonation undermines his contention that the order was made without his consent.
  • The application for leave to appeal is considered egregious in the circumstances.

Court disposition

Application for leave to appeal dismissed with costs.

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

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 182

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

JUDGMENT

Not Reportable

case no: JS 617/16

In the matter between:

JAMES

MOTEBU

APPLICANT

and

SYLVANIA

METALS

RESPONDENT

Date of ruling: 20 February 2016 (In Chambers)

RULING:

LEAVE TO APPEAL

VAN

NIEKERK J

[1] This is an application for leave to appeal against a judgment delivered by this court on 7 November 2016. In the order, I afforded the applicant an opportunity to file an application to condone the late referral of his dispute to this court within 7 days, failing which the referral would be dismissed.

[2] The purpose of the order was to afford the applicant, who had filed his application for review out of time, an opportunity to apply for condonation. Strictly, the court was entitled to dismiss the application for want of jurisdiction. The court was entitled, if not obliged, to have regard to the jurisdictional point since to hear the matter without the requisite jurisdiction would amount to an infringement of the rule of law. There is thus no merit in the applicant’s contention that the court erred in raising and considering this point. To the extent that the applicant submits that the order was made without his consent, the reality that confronted the applicant was to agree to the postponement and avail himself of an opportunity to file an application for condonation, or to have the application dismissed. The raised no objection to the matter being postponed so as to enable him to explain late referral of his dispute.

[3] The present application was itself filed out of time without any application for condonation. On that basis, strictly, the application

should be dismissed for want of jurisdiction. However, having regard to the relevant test, there is no merit whatsoever in the application for leave to appeal; indeed, I concur with the respondent’s submission that the application is nothing less than egregious. In my view, and in the light of the broad discretion conferred on the court by s 162, the requirements of the law and fairness dictate that the applicant should be liable for the costs of the application.

For the above reasons, make the following order:

1. The application for leave to appeal is dismissed, with costs

ANDRÉ VAN NIEKERK

JUDGE

OF THE LABOURT COURT

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Authorities

Authorities used by the court

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

Motebu v Sylvania Metals (JS617/16) [2017] ZALCJHB 182

Case cited

Labour Relations Act, s 162

Legislation

Legislation referenced in the available case record.

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