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[2011] ZALCD 45
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Majara v CCMA and Others (D535/09) [2011] ZALCD 45 (4 November 2011)
REPUBLIC
OF SOUTH AFRICA
THE
LABOUR COURT OF SOUTH AFRICA, DURBAN
JUDGMENT
Not
reportable
case
no: D 535/09
In
the matter between:
M
MAJARA
Applicant
and
CCMA
First respondent
M
VAN AARDE
N.O.
Second respondent
FAWU
Third respondent
Delivered
:
4 November 2011
RULING
ON LEAVE TO APPEAL
STEENKAMP
J
[1]
The applicant seeks leave to appeal against
my
ex tempore
judgment
of 31 May 2011. In that judgment, I dismissed his application to
review an arbitration award. I made no order as to costs.
[2]
The application for leave to appeal was
apparently filed on 23 June 2011. Inexplicably, it was only brought
to my attention on 21
September 2011. I issued a directive the next
day, on 22 September 201, in terms of rule 30(3A), calling upon the
applicant to
deliver his submissions by 30 September 2011 and the
third respondent (FAWU) to deliver its submissions by 7 October 2011.
FAWU
delivered its submissions on 28 October 2011, some two weeks
late. The applicant did not do so at all. Neither party applied for
condonation.
[3]
The application for leave to appeal was
itself delivered out of time and there was no application for
condonation.
[4]
In the premises, the application for leave
to appeal is refused with no order as to costs.
_______________________
A J Steenkamp
Judge