Mtyeku v Mamo Group of Companies and Another (J531/2024) [2024] ZALCJHB 472 (18 November 2024)
The court found that the applicant's application for condonation was procedurally defective, as it was not supported by an affidavit and did not comply with the Labour Court Rules. Furthermore, the grounds advanced in the notice did not demonstrate reasonable prospects of success on appeal. Accordingly, the...
Source-derived case information.
- Citation
- [2024] ZALCJHB 472
- Parties
- Applicant: Kutlwano Mtyeku; Respondent: Mamo Group of Companies; Respondent: Sihle Yolanda Miya
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J531/2024
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Contempt Application
- Outcome
- Application for condonation of the late filing of the application for leave to appeal dismissed.
- Judges
- RN Daniels
- Legal Topics
- Condonation for Late Filing, Leave to Appeal, Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kutlwano Mtyeku
Applicant
Mamo Group of Companies
Respondent
Sihle Yolanda Miya
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Contempt Application
Legal Issues
- 1 Whether the applicant's late application for leave to appeal should be condoned.
- 2 Whether the application for condonation complies with the Labour Court Rules.
- 3 Whether there are reasonable prospects of success on appeal.
Ratio Decidendi
The court found that the applicant's application for condonation was procedurally defective, as it was not supported by an affidavit and did not comply with the Labour Court Rules. Furthermore, the grounds advanced in the notice did not demonstrate reasonable prospects of success on appeal. Accordingly, the application for condonation of the late filing of the application for leave to appeal was dismissed.
Court Disposition
Application for condonation of the late filing of the application for leave to appeal dismissed.
Orders
- The application for condonation of the late filing of the application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: J531/2024
In the matter between:
KUTLWANO MTYEKU Applicant and MAMO GROUP OF COMPANIES First Respondent SIHLE YOLANDA MIYA Second Respondent
Application for leave to appeal. Condonation for late application dismissed
Judgment: 18 November 2024
JUDGMENT: LEAVE TO APPEAL
DANIELS J
[1] On 16 August 2024 I dismissed the application to hold the respondents in contempt. The applicant seeks leave to appeal.
[2] The applicant acknowledges that she brought her application for leave to appeal late. She seeks condonation by filing a notice, signed by her attorneys, setting out grounds for condonation.
[3] The reasons for the delay are not explained through an affidavit. The so-called application for condonation does not comply with the Rules.
[4] In any event, the notice seeking condonation reveals that the applicant has limited prospects of success on appeal. Leave to appeal should not be granted unless there is a sound and rational basis to conclude that there is a reasonable prospect of success.[1]
[5] The application for condonation of the late filing of the application for leave to appeal is dismissed.
RN Daniels
Judge of the Labour Court of South Africa
[1] MEC for Health, Eastern Cape v Mkhitha and Another [2016] JOL 36940 (SCA) at paras 16 – 17