Rudman v Maquassi Hills Local Municipality and Others (JR 1472/13) [2013] ZALCJHB 264 (14 October 2013)
The application for leave to appeal was delivered 17 days out of time, and the applicant did not seek condonation or provide any explanation for the delay. The Labour Court Rules require strict compliance with the time period for such applications, and the Practice Manual further prescribes the filing of submissions...
Source-derived case information.
- Citation
- [2013] ZALCJHB 264
- Parties
- Applicant: Janet Rudman; Respondent: Maquassi Hills Local Municipality; Respondent: Itumeleng Ronald Jonas; Respondent: Mohammed Iqbal Motala N.O.; Respondent: Dennis Makhubele
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR 1472/13
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal dismissed for lack of jurisdiction due to late filing and absence of condonation.
- Judges
- Steenkamp
- Legal Topics
- Leave to Appeal, Condonation, Jurisdiction, Labour Court Rules
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Rudman
Applicant
Maquassi Hills Local Municipality
Respondent
Itumeleng Ronald Jonas
Respondent
Mohammed Iqbal Motala N.O.
Respondent
Dennis Makhubele
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the application for leave to appeal was delivered within the prescribed time period.
- 2 Whether the applicant for leave to appeal sought condonation for late filing.
- 3 Whether the Labour Court has jurisdiction to entertain the application for leave to appeal delivered out of time without condonation.
Ratio Decidendi
The application for leave to appeal was delivered 17 days out of time, and the applicant did not seek condonation or provide any explanation for the delay. The Labour Court Rules require strict compliance with the time period for such applications, and the Practice Manual further prescribes the filing of submissions within 10 days. In the absence of an application for condonation and non-compliance with the Practice Manual, there is no proper application before the court. The court therefore lacks jurisdiction to entertain the application for leave to appeal.
Court Disposition
Application for leave to appeal dismissed for lack of jurisdiction due to late filing and absence of condonation.
Orders
- The Labour Court has no jurisdiction to entertain the application for leave to appeal.
Full Case Text
Judgment text and source record
25 paragraphs
Not reportable
Of interest to other judges
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN
JUDGMENT
Case no: J 1472/13
In the matter between:
JANET RUDMAN Applicant and MAQUASSI HILLS LOCAL MUNICIPALITY First Respondent ITUMELENG RONALD JONAS Second Respondent MOHAMMED IQBAL MOTALA N.O. Third Respondent DENNIS MAKHUBELE Fourth Respondent
Delivered: 14 October 2013
Summary: Rule 30 – application for leave to appeal delivered out of time – no application for condonation – no jurisdiction.
RULING ON APPLICATION FOR LEAVE TO APPEAL
STEENKAMP J
The second respondent, Mr Ithumeleng Ronald Jonas, has delivered an application for leave to appeal against my judgment of 30 July 2013.
The matter was heard on 18 July 2013. I handed down judgment on 30 July 2013. Jonas delivered his application for leave to appeal,
purportedly in terms of rule 30, on 13 September 2013.
Rule 30(2) provides as follows:
“If leave to appeal has not been made at the time of the judgment or order, an application for leave must be made and the grounds for appeal furnished within 15 days of the date of judgment or order against which leave to appeal is sought, except that the court may, on good cause shown, extend that period.”
“Day” means any day other than a Saturday, Sunday or public holiday in terms of the rule (but not in the Act). The period of 15 days from 30 July 2013 expired on 21 August 2013. The application for leave to appeal is 17 days out of time. Jonas has not applied for condonation, i.e. he has not shown “good cause” why the period should be extended.
The Practice Manual of the Labour Court of South Africa further provides in clause 15.2 that a party seeking leave must file its submissions within 10 days after filing the application for leave. Jonas has not done so.
In these circumstances there is no proper application before me.
Ruling
The Court has no jurisdiction to entertain the application for leave to appeal.
_______________________
Steenkamp J
APPEARANCES SECOND RESPONDENT: KA Muthwa attorneys, Johannesburg.