NEHAWU v Nyembezi (PA1/97) [1999] ZALAC 31 (3 March 1999)

NEHAWU v Nyembezi (PA1/97) [1999] ZALAC 31 (3 March 1999)

The applicant failed to comply with multiple rules regarding the noting and prosecution of the appeal, including late filing of the appeal, the condonation application, the power of attorney, the appeal record, and heads of argument. While some explanations for delay were accepted, significant periods of delay remained unexplained, and certain procedural defects were not addressed by any application for condonation. The cumulative effect of these failures, some gross, rendered it unnecessary for the Court to consider the applicant's prospects of success. The application for condonation was summarily refused, and a costs order was granted against the applicant.

Citation
[1999] ZALAC 31
Parties
Applicant: NEHAWU; Respondent: Michael Nyembezi
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
3 March 1999
Case Number
PA1/97
Procedural Posture
Condonation Application / Application for Condonation of Late Noting and Prosecution of Appeal
Outcome
Application for condonation refused; applicant ordered to pay costs.
Judges
Kroon, Froneman, Conradie
Legal Topics
Condonation, Late Filing of Appeal, Compliance With Court Rules, Costs Order
Labour Law Civil Procedure Condonation Late Filing of Appeal Compliance With Court Rules Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

NEHAWU

Applicant

Michael Nyembezi

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Noting and Prosecution of Appeal

Legal Issues

  1. 1 Whether the applicant's failure to comply with the rules regarding the noting and prosecution of the appeal should be condoned.
  2. 2 Whether the explanations provided for the delays in noting the appeal, filing the condonation application, and filing the appeal record and heads of argument are satisfactory.
  3. 3 Whether the cumulative effect of the applicant's non-compliance with the rules justifies refusal of condonation without considering prospects of success.

Ratio Decidendi

The applicant failed to comply with multiple rules regarding the noting and prosecution of the appeal, including late filing of the appeal, the condonation application, the power of attorney, the appeal record, and heads of argument. While some explanations for delay were accepted, significant periods of delay remained unexplained, and certain procedural defects were not addressed by any application for condonation. The cumulative effect of these failures, some gross, rendered it unnecessary for the Court to consider the applicant's prospects of success. The application for condonation was summarily refused, and a costs order was granted against the applicant.

Court Disposition

Application for condonation refused; applicant ordered to pay costs.

Orders

  • The application for condonation of the failure to comply with the rules relating to the noting and prosecution of the appeal is dismissed.
  • The applicant is ordered to pay the costs, including the costs incurred in connection with the appeal.