Download PDF

South Africa Ruling

Labour Court Johannesburg

Msiza and Another v South African Local Government Bargaining Council and Others (JR1263/12) [2017] ZALCJHB 99 (24 March 2017)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that although the delay in filing the application for leave to appeal was not excessive and condonation could be considered, the applicants failed to comply with the mandatory requirements of Rule 30(3A) and Clause 15.2 of the Practice Manual by not filing the required submissions. Furthermore, the court determined that there were no prospects of success on appeal. As a result, the application for leave to appeal was dismissed for non-compliance and lack of merit.

Court disposition

Application for leave to appeal dismissed for non-compliance with procedural rules and lack of prospects of success.

Orders

  • The application for leave to appeal is dismissed.

02

Material facts

Parties

Msiza, Jan Charly

Applicant

Skosana, Boy Mgiji

Applicant

South African Local Government Bargaining Council

Respondent

Commissioner Thomas Ntimbana

Respondent

Thembisile Hani Municipality

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Review Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants sought condonation for the late filing of their application for leave to appeal, arguing that the delay was not excessive and that their application should be considered on its merits. They did not file the required submissions in terms of Rule 30(3A) and Clause 15.2 of the Practice Manual.
Respondent
The application for leave to appeal was unopposed. No submissions were filed by the respondents.

05

Court’s reasoning

  1. 01

    Labour Court Practice Manual, Clause 15.2

    An application for leave to appeal must comply with Rule 30(3A) and Clause 15.2 of the Practice Manual, which require the filing of submissions within specified timeframes.

  2. 02

    Labour Court Rules, Rule 30(3A)

    Condonation for late filing may be granted if the delay is not excessive and there are prospects of success.

06

Ratio, limits and disposition

Ratio decidendi

The court found that although the delay in filing the application for leave to appeal was not excessive and condonation could be considered, the applicants failed to comply with the mandatory requirements of Rule 30(3A) and Clause 15.2 of the Practice Manual by not filing the required submissions. Furthermore, the court determined that there were no prospects of success on appeal. As a result, the application for leave to appeal was dismissed for non-compliance and lack of merit.

Obiter and limits

  • The court noted that compliance with procedural rules is essential for the proper administration of justice.
  • The absence of opposition does not relieve applicants of their obligation to comply with the Practice Manual and court rules.

Court disposition

Application for leave to appeal dismissed for non-compliance with procedural rules and lack of prospects of success.

  • 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.

Source document

Labour Court Johannesburg

Ruling

[2017] ZALCJHB 99

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

JUDGMENT

Not Reportable

Case no: JR 1263/12

In the matter between:

MSIZA,

JAN

CHARLY

First Applicant

SKOSANA,

BOY

MGIJI

Second Applicant

and

SOUTH

AFRICAN LOCAL GOVERNMENT

First Respondent

BARGAINING

COUNCIL

COMMISSIONER

THOMAS NTIMBANA

Second Respondent

THEMBISILE

HANI MUNICIPALITY

Third Respondent

Date: 22 November 2016

Decided in Chambers: 24 March 2017

JUDGMENT

IN APPLICATION FOR LEAVE TO APPEAL

MTHOMBENI AJ

[1] Judgment in the application for the review of the arbitration award made by the second respondent was handed down on 22 April 2015 against the applicants.

[2] The application for leave to appeal was delivered approximately a month late, but the applicants made an application for condonation of the late filing of the application for leave to appeal. The application is unopposed.

[3] In my opinion, while the delay is not excessive, there are no prospects of succeeding if I were to grant leave to appeal.

[4] This notwithstanding, the application for leave to appeal falls to be unsuccessful for want of compliance with the Rule 30 (3A).

[5] Subsequent to the delivery of the application for leave to appeal, the applicants have failed to deliver submissions as contemplated in Clause 15.2 of the Practice Manual which states:

“Within 10 days of the filing of the application for leave to appeal, the party seeking leave to appeal must file submissions in terms of Rule 30(3A) and the party opposing the leave to appeal must file its submissions five days thereafter. An application for leave to appeal will be decided by the judge in Chambers on the basis of the submissions filed in terms of Rule 30(3A), unless the judge directs that the application be heard in open court”.

[6] In the circumstances, I make the following order:

1. The application for leave to appeal is dismissed.

________

Acting Judge of the Labour Court

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

Labour Court Rules, Rule 30(3A)

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.