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2024
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[2024] ZALCJHB 78
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South African Commercial Catering and Allied Workers Union obo Mokebe v Pick and Pay Retailers (Pty) Ltd (JS 636-20) [2024] ZALCJHB 78 (22 February 2024)
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 the parties’ legal representatives
by email,
publication on the Labour Court website and release to SAFLII. The
date and time for handing-down is deemed to be 10h00
on 22 January
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.
[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 Manual
[2]
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.