Moabelo and Others v Christal Clean Hygiene and Cleaning Services (Pty) Ltd (JR1004/17) [2019] ZALCJHB 336 (18 October 2019)

Moabelo and Others v Christal Clean Hygiene and Cleaning Services (Pty) Ltd (JR1004/17) [2019] ZALCJHB 336 (18 October 2019)

The court found that the applicants failed to provide a reasonable and satisfactory explanation for the lengthy delay in filing their review application. The delay was substantial and the explanation offered did not meet the required standard for condonation. Consequently, the applicants did not demonstrate reasonable prospects that another court would reach a different conclusion. The application for leave to appeal was therefore dismissed.

Citation
[2019] ZALCJHB 336
Parties
Applicant: Rosina Moabelo & Others; Respondent: Christal Clean Hygiene and Cleaning Service (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 October 2019
Case Number
JR1004/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation for Late Review.
Outcome
Application for leave to appeal dismissed.
Judges
T Ntshebe
Legal Topics
Condonation, Late Filing of Review, Reasonable Prospects of Success
Labour Law Civil Procedure Condonation Late Filing of Review Reasonable Prospects of Success

Case Brief

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Parties

Rosina Moabelo & Others

Applicant

Christal Clean Hygiene and Cleaning Service (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation for Late Review.

Legal Issues

  1. 1 Whether the applicants have reasonable prospects that another court would reach a different conclusion regarding the dismissal of their condonation application.
  2. 2 Whether the explanation for the delay in filing the review application is reasonable and acceptable.

Ratio Decidendi

The court found that the applicants failed to provide a reasonable and satisfactory explanation for the lengthy delay in filing their review application. The delay was substantial and the explanation offered did not meet the required standard for condonation. Consequently, the applicants did not demonstrate reasonable prospects that another court would reach a different conclusion. The application for leave to appeal was therefore dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The applicants’ application for leave to appeal is dismissed.
  • There is no order as to costs.