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

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

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.

Citation
[2025] ZALCJHB 137
Parties
Applicant: Ashika Veerasamy; Applicant: Amanda Maqokolo; Respondent: Calgro M3 Developments Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 March 2025
Case Number
JS505/22
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal struck from the roll for non-compliance with rule 67.
Judges
M Makhura
Legal Topics
Leave to Appeal, Condonation, Labour Court Rules, Late Filing
Labour Law Civil Procedure Leave to Appeal Condonation Labour Court Rules Late Filing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ashika Veerasamy

Applicant

Amanda Maqokolo

Applicant

Calgro M3 Developments Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed time period.
  2. 2 Whether the absence of a condonation application renders the leave to appeal application irregular.
  3. 3 Whether non-compliance with rule 67 warrants striking the application from the roll.

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.

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.