Sepheka v Du Point Pioneer (J267/18) [2018] ZALCJHB 336; (2019) 40 ILJ 613 (LC) (9 October 2018)

Sepheka v Du Point Pioneer (J267/18) [2018] ZALCJHB 336; (2019) 40 ILJ 613 (LC) (9 October 2018)

The application for leave to appeal was dismissed on multiple grounds. The applicant failed to comply with the Practice Manual and did not seek condonation for late submissions. The allegations of judicial bias were unfounded, unsupported by facts, and amounted to an unjustified attack on the integrity of the court. The matter was moot as the applicant had resigned and was pursuing a constructive dismissal claim, rendering the dispute over representation in retrenchment consultations academic. The application lacked any reasonable prospect of success, as the applicant failed to demonstrate a sound basis for appeal. The conduct of the applicant's legal representatives was egregious,...

Citation
[2018] ZALCJHB 336
Parties
Applicant: David Thabo Sepheka; Respondent: Du Point Pioneer (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 October 2018
Case Number
J267/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application
Outcome
Application for leave to appeal dismissed with punitive costs awarded against applicant's counsel de bonis propriis.
Judges
Sean Snyman
Legal Topics
Leave to Appeal, Judicial Bias, Punitive Costs, Legal Representation in Retrenchment, Abuse of Process
Labour Law Civil Procedure Leave to Appeal Judicial Bias Punitive Costs Legal Representation in Retrenchment Abuse of Process

Case Brief

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Parties

David Thabo Sepheka

Applicant

Du Point Pioneer (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application

Legal Issues

  1. 1 Whether the applicant has established proper grounds for leave to appeal.
  2. 2 Whether allegations of judicial bias are substantiated.
  3. 3 Whether the application for leave to appeal is moot due to the applicant's resignation.

Ratio Decidendi

The application for leave to appeal was dismissed on multiple grounds. The applicant failed to comply with the Practice Manual and did not seek condonation for late submissions. The allegations of judicial bias were unfounded, unsupported by facts, and amounted to an unjustified attack on the integrity of the court. The matter was moot as the applicant had resigned and was pursuing a constructive dismissal claim, rendering the dispute over representation in retrenchment consultations academic. The application lacked any reasonable prospect of success, as the applicant failed to demonstrate a sound basis for appeal. The conduct of the applicant's legal representatives was egregious,...

Court Disposition

Application for leave to appeal dismissed with punitive costs awarded against applicant's counsel de bonis propriis.

Orders

  • The applicant's application for leave to appeal is dismissed.
  • The applicant's counsel, advocate Sepheka Mthenjwa and advocate Katlego Kwape, are ordered to pay the costs of the application, de bonis propriis, on the scale as between attorney and own client, the one paying the other to be absolved.