SAMWU obo Mofokeng and Another v City of Johannesburg Metropolitan Municipality and Another (Application for Leave to Appeal) (J1564/23) [2024] ZALCJHB 456 (18 November 2024)

SAMWU obo Mofokeng and Another v City of Johannesburg Metropolitan Municipality and Another (Application for Leave to Appeal) (J1564/23) [2024] ZALCJHB 456 (18 November 2024)

The court found that the respondents failed to establish any proper grounds indicating reasonable prospects of success on appeal. The factual circumstances did not support a different outcome by the Labour Appeal Court, and no novel points of law were raised. Both parties showed good cause for the late filing of their submissions, and condonation was granted. However, the application for leave to appeal was dismissed as the prospects of success were remote and not substantiated. The court determined that law and fairness required each party to bear its own costs.

Citation
[2024] ZALCJHB 456
Parties
Applicant: SAMWU obo C S Mofokeng & Another; Respondent: City of Johannesburg Metropolitan Municipality; Respondent: Floyd Brink, Municipal Manager
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 November 2024
Case Number
J 1564/23
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Contempt Order
Outcome
Application for leave to appeal dismissed; condonation granted for late filings; no order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Contempt of Court, Arbitration Award Enforcement, Leave to Appeal, Condonation, Costs Award
Labour Law Civil Procedure Contempt of Court Arbitration Award Enforcement Leave to Appeal Condonation Costs Award

Case Brief

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Parties

SAMWU obo C S Mofokeng & Another

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

Floyd Brink, Municipal Manager

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Contempt Order

Legal Issues

  1. 1 Whether the respondents have established reasonable prospects of success on appeal against the contempt order.
  2. 2 Whether condonation should be granted for the late filing of submissions by both parties.
  3. 3 Whether costs should be awarded.

Ratio Decidendi

The court found that the respondents failed to establish any proper grounds indicating reasonable prospects of success on appeal. The factual circumstances did not support a different outcome by the Labour Appeal Court, and no novel points of law were raised. Both parties showed good cause for the late filing of their submissions, and condonation was granted. However, the application for leave to appeal was dismissed as the prospects of success were remote and not substantiated. The court determined that law and fairness required each party to bear its own costs.

Court Disposition

Application for leave to appeal dismissed; condonation granted for late filings; no order as to costs.

Orders

  • The late filing of the respondents’ submissions and supplementary grounds of appeal is condoned.
  • The late filing of the applicants’ opposing submissions is condoned.