Sambo and Others v Boerdery (C592/2013) [2015] ZALCCT 20 (25 March 2015)

Sambo and Others v Boerdery (C592/2013) [2015] ZALCCT 20 (25 March 2015)

The application for condonation for the late filing of the application for leave to appeal is dismissed. The delay of eight months is excessive and inadequately explained. The union withdrew its initial application for leave to appeal after accepting legal advice that the judgment was correct, thereby perempting its right to appeal. The costs order was a proper exercise of the Labour Court's discretion under section 162 of the Labour Relations Act, considering both law and fairness. The union's conduct in persisting with litigation despite conceding jurisdiction and the circumstances of the unprotected strike justified the costs order. There are no reasonable prospects that another court...

Citation
[2015] ZALCCT 20
Parties
Applicant: Daniel Sambo; Applicant: Jacques Jaftha; Applicant: Andries Ambrose; Applicant: Dawid Jooste; Applicant: Salmon Swarts; Applicant: Daniel Jonas; Applicant: Linda Afrika; Applicant: Adean Bruintjies; Applicant: Esmerelda Grootboom; Applicant: Donovan Grootboom; Applicant: Christian Paulsen; Applicant: COMMERCIAL, STEVEDORING, AGRICULTURAL AND ALLIED WORKERS UNION (CSAAWU); Respondent: Steytler Boerdery
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
25 March 2015
Case Number
C592/2013
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal Against Costs Order
Outcome
Application for condonation for the late filing of the application for leave to appeal is dismissed with costs.
Judges
Steenkamp
Legal Topics
Condonation, Leave to Appeal, Costs Order, Peremption, Labour Relations Act Section 162
Labour Law Civil Procedure Condonation Leave to Appeal Costs Order Peremption Labour Relations Act Section 162

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Parties

Daniel Sambo

Applicant

Jacques Jaftha

Applicant

Andries Ambrose

Applicant

Dawid Jooste

Applicant

Salmon Swarts

Applicant

Daniel Jonas

Applicant

Linda Afrika

Applicant

Adean Bruintjies

Applicant

Esmerelda Grootboom

Applicant

Donovan Grootboom

Applicant

Christian Paulsen

Applicant

COMMERCIAL, STEVEDORING, AGRICULTURAL AND ALLIED WORKERS UNION (CSAAWU)

Applicant

Steytler Boerdery

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal Against Costs Order

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether leave to appeal should be granted against the costs order only.
  3. 3 Whether the doctrine of peremption applies to the union's conduct in withdrawing and reinstating the application for leave to appeal.

Ratio Decidendi

The application for condonation for the late filing of the application for leave to appeal is dismissed. The delay of eight months is excessive and inadequately explained. The union withdrew its initial application for leave to appeal after accepting legal advice that the judgment was correct, thereby perempting its right to appeal. The costs order was a proper exercise of the Labour Court's discretion under section 162 of the Labour Relations Act, considering both law and fairness. The union's conduct in persisting with litigation despite conceding jurisdiction and the circumstances of the unprotected strike justified the costs order. There are no reasonable prospects that another court...

Court Disposition

Application for condonation for the late filing of the application for leave to appeal is dismissed with costs.

Orders

  • The application for condonation for the late filing of the application for leave to appeal is dismissed with costs.