National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 1557/2010) [2013] ZALCJHB 191 (12 August 2013)

REPUBLIC

OF SOUTH AFRICA

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

JUDGMENT

Case no: JR 1557/2010

In the matter between:

NATIONAL UNION OF

MINEWORKERS .........................................................First Applicant

TAOLE ELIAS MOHLASI ...........................................................................Second Applicant

and

COMMISSION FOR

CONCILIATION

MEDIATION AND

ARBITRATION ................................................................First Respondent

DIALE SIMON NTSOANE N.O. ...............................................................Second Respondent

TWO RIVERS PLATINUM

MINE .................................................................Third Respondent

Decided: In Chambers

Delivered on: 12 August 2013

_______________

JUDGMENT: LEAVE TO

APPEAL

BOQWANA AJ

Introduction

This is an application for leave to appeal part of the Judgment I gave on 23 January 2013 where I found that the commissioner’s ruling denying the applicant legal representation must stand.

The applicant has filed an application for condonation of the late filing of the application for leave to appeal. The respondent filed no opposing papers and made no submissions in relation to both applications.

It appears from the applicants’ papers that they only became aware of the judgment on 09 May 2013. I am satisfied that the explanation given by the applicant is reasonable and am prepared to grant condonation. .

Having considered the application and submissions made on behalf of the applicants I am of the view there are prospects that another Court may come to a different conclusion to the one reached by myself.

I therefore make the following order:

Leave to appeal is granted.

____

Boqwana AJ

ACTING JUDGE OF THE

LABOUR COURT

FOR THE APPLICANTS: E S

MAKINTA ATTORNEYS