SAMWU obo Moreroa and Others v South African Local Government Bargaining Council and Others (Leave to Appeal) (JR1571/18;JR1350/18;JR2890/17) [2023] ZALCJHB 126 (3 May 2023)

SAMWU obo Moreroa and Others v South African Local Government Bargaining Council and Others (Leave to Appeal) (JR1571/18;JR1350/18;JR2890/17) [2023] ZALCJHB 126 (3 May 2023)

The applicants failed to file their application for leave to appeal within the prescribed 15-day period following the judgment delivered on 2 December 2022. The application was filed 18 days late, and no condonation for the late filing was sought. In the absence of an application for condonation, the court is precluded from considering the merits of the application for leave to appeal. The application is accordingly struck from the roll with no order as to costs.

Citation
[2023] ZALCJHB 126
Parties
Applicant: SAMWU obo Moreroa and Others; Respondent: South African Local Government Bargaining Council; Respondent: Commissioner Munyai N.O.; Respondent: The City of Tshwane Metropolitan Municipality; Applicant: SAMWU obo Johannes Ramatshela; Respondent: Commissioner Maree N.O.; Respondent: Municipality; Respondent: SAMWU obo Phasha & Others; Respondent: Council; Respondent: Commissioner Matlala N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 May 2023
Case Number
JR1571/18;JR1350/18;JR2890/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 December 2022.
Outcome
Application for leave to appeal struck from the roll due to late filing and absence of condonation application.
Judges
S Swartz
Legal Topics
Leave to Appeal, Condonation, Late Filing, Labour Court Rules
Labour Law Civil Procedure Leave to Appeal Condonation Late Filing Labour Court Rules

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Parties

SAMWU obo Moreroa and Others

Applicant

South African Local Government Bargaining Council

Respondent

Commissioner Munyai N.O.

Respondent

The City of Tshwane Metropolitan Municipality

Respondent

SAMWU obo Johannes Ramatshela

Applicant

Commissioner Maree N.O.

Respondent

Municipality

Respondent

SAMWU obo Phasha & Others

Respondent

Council

Respondent

Commissioner Matlala N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 December 2022.

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed time period.
  2. 2 Whether condonation for late filing of the application for leave to appeal was sought and granted.

Ratio Decidendi

The applicants failed to file their application for leave to appeal within the prescribed 15-day period following the judgment delivered on 2 December 2022. The application was filed 18 days late, and no condonation for the late filing was sought. In the absence of an application for condonation, the court is precluded from considering the merits of the application for leave to appeal. The application is accordingly struck from the roll with no order as to costs.

Court Disposition

Application for leave to appeal struck from the roll due to late filing and absence of condonation application.

Orders

  • The application for leave to appeal is struck with no order as to costs.