Mothlabe and Others v Terreblance CC t/a Loutrans (JS1145-2014) [2024] ZALCJHB 58 (22 January 2024)

Mothlabe and Others v Terreblance CC t/a Loutrans (JS1145-2014) [2024] ZALCJHB 58 (22 January 2024)

The Court found that the applicants' application for leave to appeal was non-compliant with rule 30(3A) of the Labour Court Rules and item 15.2 of the Practice Manual. As a result, the Labour Court lacked jurisdiction to entertain the application. The application for leave to appeal was accordingly struck off the roll for want of jurisdiction.

Citation
[2024] ZALCJHB 58
Parties
Applicant: Isaac Mothlabe and Others; Respondent: Lourens Terreblanche CC t/a Loutrans
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 January 2024
Case Number
JS1145/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 29 August 2023.
Outcome
Application for leave to appeal struck off the roll for want of jurisdiction.
Judges
M T M Phehane
Legal Topics
Leave to Appeal, Jurisdiction, Court Rules Compliance
Labour Law Civil Procedure Leave to Appeal Jurisdiction Court Rules Compliance

Case Brief

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Parties

Isaac Mothlabe and Others

Applicant

Lourens Terreblanche CC t/a Loutrans

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 29 August 2023.

Legal Issues

  1. 1 Whether the application for leave to appeal complies with rule 30(3A) of the Labour Court Rules and item 15.2 of the Practice Manual.
  2. 2 Whether the Labour Court has jurisdiction to entertain the non-compliant application for leave to appeal.

Ratio Decidendi

The Court found that the applicants' application for leave to appeal was non-compliant with rule 30(3A) of the Labour Court Rules and item 15.2 of the Practice Manual. As a result, the Labour Court lacked jurisdiction to entertain the application. The application for leave to appeal was accordingly struck off the roll for want of jurisdiction.

Court Disposition

Application for leave to appeal struck off the roll for want of jurisdiction.

Orders

  • The application for leave to appeal is struck off the roll for want of jurisdiction.