Phosa v Ekurhuleni Metropolitan Municipality (J14/22) [2025] ZALCJHB 121 (11 March 2025)

Phosa v Ekurhuleni Metropolitan Municipality (J14/22) [2025] ZALCJHB 121 (11 March 2025)

The respondent filed the application for leave to appeal within the prescribed period, but failed to serve the application in accordance with Rule 67(4) and did not file supporting submissions within the 10-day period as required by Rule 67(5). The non-compliance with these procedural requirements is fatal to the application. The rules are clear and mandatory, and failure to comply results in the application being struck from the roll.

Citation
[2025] ZALCJHB 121
Parties
Applicant: Mandisa Phosa; Respondent: Ekurhuleni Metropolitan Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 March 2025
Case Number
J14/22
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal struck from the roll for non-compliance with Rule 67 of the Labour Court rules.
Judges
M Makhura
Legal Topics
Automatic Unfair Dismissal, Leave to Appeal Procedure, Labour Court Rules
Labour Law Civil Procedure Automatic Unfair Dismissal Leave to Appeal Procedure Labour Court Rules

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Parties

Mandisa Phosa

Applicant

Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed and served in compliance with Rule 67 of the Labour Court rules.
  2. 2 Whether the defendant filed supporting submissions within the prescribed period.

Ratio Decidendi

The respondent filed the application for leave to appeal within the prescribed period, but failed to serve the application in accordance with Rule 67(4) and did not file supporting submissions within the 10-day period as required by Rule 67(5). The non-compliance with these procedural requirements is fatal to the application. The rules are clear and mandatory, and failure to comply results in the application being struck from the roll.

Court Disposition

Application for leave to appeal struck from the roll for non-compliance with Rule 67 of the Labour Court rules.

Orders

  • The application for leave to appeal is struck from the roll for non-compliance with Rule 67 of the Labour Court rules.