Rahlogo and Anther v Aventura Loskopdam (JA56/98) [1999] ZALAC 38 (3 October 1999)

Rahlogo and Anther v Aventura Loskopdam (JA56/98) [1999] ZALAC 38 (3 October 1999)

The appeal was not properly before the Labour Appeal Court due to the late filing of the notice of appeal and the absence of the appellants and their representatives. The request for costs against the appellants' representatives de bonis propriis was refused because labour and industrial relations consultants are not recognised as representatives under the Labour Relations Act and therefore cannot be subject to such a costs order. Costs could only be ordered against the appellants themselves.

Citation
[1999] ZALAC 38
Parties
Appellant: A. Rahlogo & Another; Respondent: Aventura Loskopdam
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
3 October 1999
Case Number
JA56/98
Procedural Posture
Civil Appeal / Appeal Hearing
Outcome
Appeal struck off the roll with costs awarded against the appellants.
Judges
Mogoeng, Conradie, Nicholson
Legal Topics
Right of Appearance, Costs De Bonis Propriis, Withdrawal of Appeal, Striking Off Roll
Labour Law Civil Procedure Right of Appearance Costs De Bonis Propriis Withdrawal of Appeal Striking Off Roll

Case Brief

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Parties

A. Rahlogo & Another

Appellant

Aventura Loskopdam

Respondent

Procedural Posture

Civil Appeal / Appeal Hearing

Legal Issues

  1. 1 Whether the appeal was properly before the Labour Appeal Court.
  2. 2 Whether costs could be ordered against the appellants' representatives de bonis propriis.
  3. 3 Who is entitled to represent parties before the Labour Appeal Court.

Ratio Decidendi

The appeal was not properly before the Labour Appeal Court due to the late filing of the notice of appeal and the absence of the appellants and their representatives. The request for costs against the appellants' representatives de bonis propriis was refused because labour and industrial relations consultants are not recognised as representatives under the Labour Relations Act and therefore cannot be subject to such a costs order. Costs could only be ordered against the appellants themselves.

Court Disposition

Appeal struck off the roll with costs awarded against the appellants.

Orders

  • The appeal is struck off the roll.
  • Costs are awarded against the appellants.