Tasima (Pty) Ltd v Road Traffic Management Corporation and Others (J890/17) [2017] ZALCJHB 368 (11 October 2017)
The court found that the applicant's written submissions were filed only one day late and that condonation should be granted as the delay was minimal and did not prejudice the respondents. However, the court determined that there were no reasonable prospects of success on appeal and therefore dismissed the...
Source-derived case information.
- Citation
- [2017] ZALCJHB 368
- Parties
- Applicant: Tasima (Pty) Ltd; Respondent: Road Traffic Management Corporation; Respondent: Department of Transport; Respondent: Director General: Department of Transport; Respondent: Minister of Transport; Respondent: All employees listed in Annexure “A” to the Notice of Motion; Respondent: Makhosini Msibi
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J 890/17
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal and Condonation
- Outcome
- Application for condonation granted; application for leave to appeal dismissed with costs.
- Judges
- H Rabkin-Naicker
- Legal Topics
- Leave to Appeal, Condonation, Late Filing, Costs Award
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tasima (Pty) Ltd
Applicant
Road Traffic Management Corporation
Respondent
Department of Transport
Respondent
Director General: Department of Transport
Respondent
Minister of Transport
Respondent
All employees listed in Annexure “A” to the Notice of Motion
Respondent
Makhosini Msibi
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation
Legal Issues
- 1 Whether condonation should be granted for the late filing of written submissions.
- 2 Whether leave to appeal should be granted in light of the prospects of success.
Ratio Decidendi
The court found that the applicant's written submissions were filed only one day late and that condonation should be granted as the delay was minimal and did not prejudice the respondents. However, the court determined that there were no reasonable prospects of success on appeal and therefore dismissed the application for leave to appeal. Costs were awarded against the applicant, including the costs of one counsel.
Court Disposition
Application for condonation granted; application for leave to appeal dismissed with costs.
Orders
- The application for condonation for the late filing of the written submissions is granted with no order as to costs.
- The application for leave to appeal is dismissed with costs, including the costs of one counsel.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: J 890/17
In the matter between
TASIMA (PTY) LTD Applicant and ROAD TRAFFIC MANAGEMENT CORPORATION First Respondent DEPARTMENT OF TRANSPORT Second respondent DIRECTOR GENERAL: DEPARTMENT OF TRANSPORT Third Respondent MINISTER OF TRANSPORT Fourth Respondent ALL EMPLOYEES LISTED IN ANNEXURE “A” TO THE NOTICE OF MOTION Fifth to Eighty Fourth Respondents MAKHOSINI MSIBI Eighty Fifth Respondent
Decided in chambers
Delivered: 11 October 2017
JUDGMENT – LEAVE TO APPEAL
RABKIN-NAICKER, J:
[1] I have read the application for condonation for the late filing of the written submissions and the submissions of both parties in respect of the application for leave to appeal.
[2] Given that the applicant’s written submission were filed one (1) day late, I am inclined to grant the application for condonation.
[3] In as far as the application for leave to appeal is concerned, I do not consider that there are any prospects of success on appeal.
[4] In the premises, the following order is made:
1. The application for condonation for the late filing of the written submissions is granted with no order as to costs.
2. The application for leave to appeal is dismissed with costs, including the costs of one (1) counsel.
____________________
H Rabkin-Naicker
Judge of the Labour Court of South Africa