Veerasamy and Another v Calgro M3 Developments Ltd (Application for Leave to Appeal) (JS505/22) [2025] ZALCJHB 137 (12 March 2025)
- Citation
- [2025] ZALCJHB 137
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- M Makhura
- Case number
- JS505/22
More details
- Court
- Labour Court Johannesburg
- Panel
- M Makhura
- Case number
- JS505/22
On this page
Professional case brief
Research organized from the available case record
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
ApplicantAmanda Maqokolo
ApplicantCalgro M3 Developments Ltd
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether the application for leave to appeal was filed within the prescribed time period.
- 02
Whether the absence of a condonation application renders the leave to appeal application irregular.
- 03
Whether non-compliance with rule 67 warrants striking the application from the roll.
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
Legal principles
- 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.
- 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.
Labour Court Johannesburg
Judgment
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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