About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Cape Town Labour Court, Cape Town
SAFLII
>>
Databases
>>
South Africa: Cape Town Labour Court, Cape Town
>>
2011
>>
[2011] ZALCCT 58
|
|
Mocke v SARS (C865/2008) [2011] ZALCCT 58 (16 August 2011)
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD IN CAPE TOWN)
CASE NUMBER
: C865/2008
DATE
: 16 AUGUST 2011
In the matter between:
G MOCKE
..........................................................................................................
Applicant
and
SARS
............................................................................................................
Respondent
J U D G M E N T
CONRADIE, AJ
:
In this matter the applicant seeks condonation for the late referral
of his statement of case. The referral is approximately 232
days
late.
I am not satisfied that on the papers there has been a proper
explanation for this excessive delay. I also find it hard to believe
that having consulted with so many people as alleged by the
applicant, no one pointed out to him that there are time periods that
must be complied with in order to refer a matter to this Court, in
the same way that he was bound by time periods when he referred
his
matter to the CCMA.
As far as prospects of success are concerned, I do not believe that
the applicant has any prospects of success. It is clear from
the
papers that when he reached the normal retirement age he was kept on
in service until the mistake was discovered, at which
point he was
informed that his employment would terminate. In this regard Section
16 of Chapter V of the Public Service Act provides
that an employee
shall retire when the employee attains the age of 65 years.
I am therefore of the view that the application must fail. As far as
costs are concerned, I can see no reason why costs should
not be
awarded against the applicant who decided to proceed with a case
which clearly has no merit. The applicant has also cited
six
individuals as respondents in the case in circumstances where there
is no basis for doing this.
In the circumstances I make the following order:
The application for condonation is dismissed with costs.
__________________
CONRADIE, AJ