Victor v National Commissioner of the South African Police Service and Others (JR1529/13) [2016] ZALCJHB 500 (18 July 2016)
The application for leave to appeal was filed outside the prescribed time limit and no condonation was sought for the late filing. Additionally, the applicant failed to provide a transcript of the ex tempore judgment as required by the practice manual. These procedural failures deprived the court of jurisdiction to...
Source-derived case information.
- Citation
- [2016] ZALCJHB 500
- Parties
- Applicant: Phakuka Xikutara Victor; Respondent: National Commissioner of the South African Police Service; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: Adv. I A Sirkhort N.O
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR1529/13
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Van Niekerk
- Legal Topics
- Leave to Appeal, Condonation, Practice Manual Compliance, Review of Arbitration Award
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phakuka Xikutara Victor
Applicant
National Commissioner of the South African Police Service
Respondent
Safety and Security Sectoral Bargaining Council
Respondent
Adv. I A Sirkhort N.O
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Legal Issues
- 1 Whether the application for leave to appeal was filed within the prescribed time limit.
- 2 Whether condonation for late filing was sought and granted.
- 3 Whether the absence of a transcribed judgment affects the court's ability to entertain the application.
Ratio Decidendi
The application for leave to appeal was filed outside the prescribed time limit and no condonation was sought for the late filing. Additionally, the applicant failed to provide a transcript of the ex tempore judgment as required by the practice manual. These procedural failures deprived the court of jurisdiction to entertain the application, and in any event, the application was not compliant with the court's rules and practice manual. The application was therefore dismissed.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not reportable
Case no: JR 1529/13
In the matter between
PHAKUKA XIKUTARA VICTOR Applicant
and
NATIONAL COMMISSIONER OF THE First
Respondent
SOUTH AFRICAN POLICE SERVICE
SAFETY AND SECURITY SECTORAL Second
Respondent
BARGAINING COUNCIL
ADV. I A SIRKHORT N.O Third
Respondent
Ruling: 18 July 2016 (in chambers)
JUDGMENT
VAN NIEKERK J
[1] This is an application for leave to appeal against a judgment delivered on 10 May 2016 and to introduce new evidence in support of the main application. On 10 May, in an ex tempore judgment, the court dismissed an application to review and set aside an arbitration award issued by the third respondent.
[2] The application for leave to appeal was filed on 2 June 2016, outside of the time limit prescribed by the rules. (The judgment was delivered on 10 May 2016, and not 11 May 2016 as stated in the notice of motion.) The failure to file the present application within the prescribed time limit coupled with the failure to apply for condonation for the late filing have the result that this court has no jurisdiction to entertain the application, which stands to be dismissed for that reason alone.
[3] In any event, the application does not include a copy of the transcribed judgment. This omission by the applicant constitutes a breach of paragraph 14.5 of the practice manual applicable in this court where it is made clear that it is the responsibility of the parties to arrange for the transcript of any judgment delivered ex tempore and that awaiting the transcript does not delay the time periods, which run from the day the judgment was delivered, from continuing to run.
[4] The present application for leave to appeal was filed on 2 June 2016. On 13 June 2016, my associate reminded the applicant’s
attorneys of their obligation in terms of the practice manual and noted that the application for leave to appeal would not receive
attention unless and until the transcribed judgment was furnished. More than five weeks have elapsed since that date, and the transcribed judgment remains outstanding.
[5] In the circumstances, given the applicant’s failures to file the application timeously and to seek condonation therefor; and further in the absence of the filing of the transcribed judgment, the application for leave to appeal stands to be dismissed.
I make the following order:
1. The application for leave to appeal is dismissed.
ANDRE VAN NIEKERK
JUDGE OF THE LABOUR COURT