Vusi v Ngako and Others (JR606/2018) [2024] ZALCJHB 162 (5 March 2024)

Vusi v Ngako and Others (JR606/2018) [2024] ZALCJHB 162 (5 March 2024)

The court found that the application for leave to appeal was filed significantly late and the explanation provided by the applicant was not reasonable. Furthermore, the applicant did not demonstrate reasonable prospects of success on appeal. As a result, condonation for the late filing was refused. Since condonation was not granted, the court held that it lacked jurisdiction to consider the application for leave to appeal. The application was accordingly dismissed.

Citation
[2024] ZALCJHB 162
Parties
Applicant: Mahlangu Vusi; Respondent: Commissioner P M Ngako; Respondent: General Public Service Sectoral Bargaining Council (GPSSBC); Respondent: Director General: Department of Rural Development and Land Reform
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 March 2024
Case Number
JR606/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for condonation and leave to appeal dismissed for want of jurisdiction.
Judges
G. N. Moshoana
Legal Topics
Condonation, Leave to Appeal, Late Filing, Jurisdiction
Labour Law Condonation Leave to Appeal Late Filing Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Mahlangu Vusi

Applicant

Commissioner P M Ngako

Respondent

General Public Service Sectoral Bargaining Council (GPSSBC)

Respondent

Director General: Department of Rural Development and Land Reform

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether the court has jurisdiction to entertain the application for leave to appeal after condonation is refused.

Ratio Decidendi

The court found that the application for leave to appeal was filed significantly late and the explanation provided by the applicant was not reasonable. Furthermore, the applicant did not demonstrate reasonable prospects of success on appeal. As a result, condonation for the late filing was refused. Since condonation was not granted, the court held that it lacked jurisdiction to consider the application for leave to appeal. The application was accordingly dismissed.

Court Disposition

Application for condonation and leave to appeal dismissed for want of jurisdiction.

Orders

  • The application for condonation for the late filing of the application for leave to appeal is dismissed.
  • The application for leave to appeal is dismissed for want of jurisdiction.