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South Africa Judgment

Labour Court Johannesburg

Veerasamy and Another v Calgro M3 Developments Ltd (Application for Leave to Appeal) (JS505/22) [2025] ZALCJHB 137 (12 March 2025)

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Source document

01

Holding and result

The application for leave to appeal was filed approximately 12 weeks after the prescribed 15-day period had expired, and no condonation application was submitted. The rules of the Labour Court require strict compliance with time limits, and failure to do so without seeking condonation constitutes an irregularity. As a result, the application is not properly before the Court and must be struck from the roll for non-compliance with rule 67.

Court disposition

Application for leave to appeal struck from the roll for non-compliance with rule 67.

Orders

  • The application for leave to appeal is struck from the roll for non-compliance with rule 67.

02

Material facts

Parties

Ashika Veerasamy

Applicant

Amanda Maqokolo

Applicant

Calgro M3 Developments Ltd

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants sought leave to appeal the ex-tempore judgment and order dated 23 August 2024. No condonation application accompanied the late filing.
Respondent
The respondent argued that the application for leave to appeal was filed approximately 12 weeks late, outside the 15-day period prescribed by rule 67(3) of the Labour Court Rules, and without a condonation application. Therefore, the application is irregular and should be dismissed.

05

Court’s reasoning

  1. 01

    Rule 67(3) of the Rules Regulating the Conduct of the Proceedings of the Labour Court

    Applications for leave to appeal must be filed within 15 days of the judgment as prescribed by rule 67(3) of the Labour Court Rules.

  2. 02

    Labour Court practice

    Failure to comply with prescribed time limits without a condonation application renders the application irregular and liable to be struck from the roll.

06

Ratio, limits and disposition

Ratio decidendi

The application for leave to appeal was filed approximately 12 weeks after the prescribed 15-day period had expired, and no condonation application was submitted. The rules of the Labour Court require strict compliance with time limits, and failure to do so without seeking condonation constitutes an irregularity. As a result, the application is not properly before the Court and must be struck from the roll for non-compliance with rule 67.

Obiter and limits

  • Strict adherence to procedural rules is essential to ensure the efficient administration of justice in the Labour Court.
  • Parties must be vigilant in observing time limits and seek condonation where necessary to avoid dismissal of their applications.

Court disposition

Application for leave to appeal struck from the roll for non-compliance with rule 67.

  • The application for leave to appeal is struck from the roll for non-compliance with rule 67.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Judgment

[2025] ZALCJHB 137

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case No: JS505/22

In the matter between:

ASHIKA

VEERASAMY

First Applicant

AMANDA

MAQOKOLO

Second Applicant

and

CALGRO M3 DEVELOPMENTS LTD

First Respondent

Heard: In Chambers

Delivered: 12 March 2025

JUDGMENT:

APPLICATION FOR LEAVE

TO APPEAL

MAKHURA, J

[1] This is an application for leave to appeal the whole of the ex-tempore judgment and order dated 23 August 2024. The application is opposed by the third respondent.

[2] The third respondent contends that the application for leave to appeal was launched outside the prescribed 15 days in terms of rule 67(3) of the Rules Regulating the Conduct of the Proceedings of the Labour Court. On this basis, it is submitted that the application is irregular and falls to be dismissed.

[3] The judgment was handed down on 23 August 2024. The 15 days expired on 13 September 2024. The application for leave to appeal was served on 4 December 2024 and filed on 6 December 2024. The application was filed approximately 12 weeks late, without a condonation application.

[4] Accordingly, the application is not properly before this Court and falls to be struck from the roll for non-compliance with the rules.

[5] In the premises, the following order is made:

Order

1. The application for leave to appeal is struck from the roll for non-compliance with rule 67.

M. Makhura

Judge of the Labour Court of South Africa

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Rule 67(3) of the Rules Regulating the Conduct of the Proceedings of the Labour Court

Legislation

Legislation referenced in the available case record.

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