Sekgotho and Another v Commissioner for Conciliation, Mediation and Arbitration and Others (JR2158/17) [2021] ZALCJHB 218 (6 August 2021)

Sekgotho and Another v Commissioner for Conciliation, Mediation and Arbitration and Others (JR2158/17) [2021] ZALCJHB 218 (6 August 2021)

The court found that the delay of approximately 17 and a half months in filing the application for leave to appeal was excessive. The applicants failed to provide a full and reasonable explanation for the entire period of delay, particularly between August 2019 and June 2020. The absence of confirmatory affidavits and the lack of detail regarding steps taken to prosecute the application further undermined their case. The applicants did not adequately address prejudice, and the court was not convinced that there were reasonable prospects of success on appeal. Considering the principles governing condonation, the interests of finality, and the administration of justice, the court concluded...

Citation
[2021] ZALCJHB 218
Parties
Applicant: Angel Khale Sekgotho; Applicant: Nolusindiso Majola; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Raynold Bracks N.O; Respondent: ABSA Bank Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 August 2021
Case Number
JR2158/17
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal Following Dismissal of Review Application
Outcome
Application for condonation for the late filing of the application for leave to appeal is dismissed.
Judges
L King
Legal Topics
Condonation, Leave to Appeal, Late Filing, Prospects of Success, Prejudice, Finality of Litigation
Labour Law Civil Procedure Condonation Leave to Appeal Late Filing Prospects of Success Prejudice Finality of Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Angel Khale Sekgotho

Applicant

Nolusindiso Majola

Applicant

The Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Raynold Bracks N.O

Respondent

ABSA Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether the applicants provided a reasonable explanation for the excessive delay.
  3. 3 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the delay of approximately 17 and a half months in filing the application for leave to appeal was excessive. The applicants failed to provide a full and reasonable explanation for the entire period of delay, particularly between August 2019 and June 2020. The absence of confirmatory affidavits and the lack of detail regarding steps taken to prosecute the application further undermined their case. The applicants did not adequately address prejudice, and the court was not convinced that there were reasonable prospects of success on appeal. Considering the principles governing condonation, the interests of finality, and the administration of justice, the court concluded...

Court Disposition

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

Orders

  • The application for condonation for the late filing of the application for leave to appeal is dismissed.
  • There is no order as to costs.