Suid-Oos Belt Splicing CC v Oupa Strooi Motaung and Others (JR31/16) [2018] ZALCJHB 197 (15 May 2018)
The application for leave to appeal was filed out of time, and no application for condonation was made. The applicant failed to comply with the Labour Court Practice Manual and did not serve the application on the respondents or the judge's secretary. The directive from the Labour Court requesting compliance was...
Source-derived case information.
- Citation
- [2018] ZALCJHB 197
- Parties
- Applicant: Suid-Oos Belt Splicing CC; Respondent: Oupa Strooi Motaung; Respondent: Commissioner K. Molwelang; Respondent: Commission for Conciliation Mediation and Arbitration
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR31/16
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Dismissal of Review
- Outcome
- Application for leave to appeal dismissed due to non-compliance and absence of condonation.
- Judges
- Jones
- Legal Topics
- Leave to Appeal, Condonation, Practice Manual Non Compliance
Source-derived case record
Summary, issues, holding and outcome
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Parties
Suid-Oos Belt Splicing CC
Applicant
Oupa Strooi Motaung
Respondent
Commissioner K. Molwelang
Respondent
Commission for Conciliation Mediation and Arbitration
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Review
Legal Issues
- 1 Whether the application for leave to appeal was filed within the prescribed time period.
- 2 Whether condonation for the late filing of the application for leave to appeal was sought.
- 3 Whether the application for leave to appeal complied with the Labour Court Practice Manual.
Ratio Decidendi
The application for leave to appeal was filed out of time, and no application for condonation was made. The applicant failed to comply with the Labour Court Practice Manual and did not serve the application on the respondents or the judge's secretary. The directive from the Labour Court requesting compliance was ignored. As a result, the application for leave to appeal was not properly before the court and was dismissed.
Court Disposition
Application for leave to appeal dismissed due to non-compliance and absence of condonation.
Orders
- The applicant’s application for leave to appeal is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not reportable
Case No: JR31/16
In the matter between:
SUID-OOS BELT SPLICING CC Applicant and OUPA STROOI MOTAUNG COMMISSIONER K. MOLWELANG COMMISSION FOR CONCILIATION MEDIATION AND ARBITRATION First Respondent Second Respondent Third Respondent
Heard: In chambers
Delivered: 15 May 2018
JUDGMENT
APPLICATION FOR LEAVE TO APPEAL
JONES, AJ
[1] The unopposed application for review was dismissed in an ex tempore judgment on 11 January 2017. Full reasons for the Court’s order were provided in the ex tempore judgment and form part of the Court record for the day.
[2] A copy of an application for leave to appeal dated 12 September 2017 was subsequently filed at court, requesting reasons for the judgment. No application for the condonation of the late filing of the application for leave to appeal has been filed to date. There is also no proof of service on the respondents.
[3] The matter appears not to have been dealt with by the Court at the time as there was non-compliance with 15.1 of the Practice Manual of the Labour Court and the application was not served on the judge’s secretary.
[4] On or about 13 April 2018 a directive was sent to the Applicant from the Labour Court, requesting compliance with the Practice Manual. To date the Applicant has not complied with the directive.
[5] The application for leave to appeal should have been made within 15 days of the order on 11 January 2017. The reasons for the order were provided in the ex tempore judgment. The application for leave to appeal is accordingly out of time.
[6] As there is no application for the condonation of the late filing of the application for leave to appeal, this application is not properly before the Court and is hereby dismissed.
Order
[7] In the circumstances I make the following order:
1. The applicant’s application for leave to appeal is dismissed.
2. No order as to costs.
_______________________
Jones AJ
Acting Judge of the Labour Court, South Africa