IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: JS636/20
In the matter between:
SOUTH AFRICAN COMMERCIAL CATERING AND
ALLIED WORKERS UNION obo BONOLO MOKEBE Applicant
and
PICK N PAY RETAILERS (PTY) LTD Respondent
Heard: In Chambers
Delivered:22 January 2024 (This judgment was handed down electronically by circulation to
2024.)
JUDGMENT
APPLICATION FOR LEAVE TO APPEAL
PHEHANE, J
[1] The applicants bring an application for leave to appeal against the judgment
and order of this Court on absolution from the instance, handed down on 15 August
2023. The application is opposed by the respondent.
[2] In their application, delivered on 15 November 2023, the applicants state that
the judgment only came to the attention of their attorney of record on 25 October
2023 and that the parties came to an agreement that the dies within which to launch
the application for leave to appeal can start running from 26 October 2023 and that it
is not necessary for the applicants to bring an application for condonation for its late
filing.
2
[3] Rule 30 of the Rules of this Court 1 makes provision in mandatory terms, for
the timeframe within which an application for leave to appeal must be brought and
should such application not be brought within the prescribed timeframe, then the
Court may, on good cause shown, extend that period.
[4] It has been overstated that the rules of this Court and the provisions of the
Practice Manual2 are binding on practitioners. It is not the practitioners that are to
make rules and provisions outside of the aforesaid prescripts to suit themselves. It is
the Court that is to grant, or not grant condonation.
[5] In the absence of an application for condonation for the late filing of this
application, this Court lacks jurisdiction to adjudicate the application for leave to
appeal.
[6] In the premises, the following order is made:
Order:
1. The application is struck off the roll for want of jurisdiction.
M. T. M. Phehane
Judge of the Labour Court of South Africa
1 Rules for the Conduct of Proceedings in the Labour Court as Promulgated by GN 1665 in GG 17495
of 14 October 1996.
2 The Practice Manual of the Labour Court of South Africa, effective 2 April 2013.