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[2016] ZALCJHB 6
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DENOSA obo Members v Minister of Health and Others (J1535/10) [2016] ZALCJHB 6 (12 January 2016)
THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case no: J1535/10
In the matter between:
DENOSA obo MEMBERS
Applicants
and
THE MINISTER OF
HEALTH
(NATIONAL
GOVERNMENT)
First Respondent
MEC FOR HEALTH AND
SOCIAL DEVELOPMENT, GAUTENG PROVINCE
Second Respondent
THE MINISTER OF
PUBLIC SERVICE AND ADMINISTRATION
Third Respondent
STERKFONTEIN
HOSPITAL
Fifth Respondent
PUBLIC HEALTH AND
SOCIAL DEVELOPMENT SECTORAL BARGAINING COUNCIL
Sixth Respondent
MOLETSANE R
NO
Seventh Respondent
Date:
12
January 2016
Decided
in chambers.
JUDGMENT
- APPLICATION FOR LEAVE TO APPEAL
TLHOTLHALEMAJE, J
[1]
Judgment
in this matter was handed down on 9 April 2015. On 4 May 2015, the
Applicants had filed an application for leave to appeal.
The
application was already late at the stage that it was filed, and no
application for condonation had been launched.
[2]
Since
then, no action has been taken on the matter, and full submissions in
regard to that application have not been forthcoming
as contemplated
in Clause
15.2
of this Court’s Practice Manual which provides that;
“
Within 10
days of the filing of the application for leave to appeal, the party
seeking leave must file its submissions in terms
of Rule 30(3A) and
the party opposing the leave must file its submissions five days
thereafter. An application for leave to appeal
will be decided by the
judge in Chambers on the basis of the submissions filed in terms of
Rule 30 (3A), unless the judge directs
that the application be heard
in open court.”
[3] In the light of no
further steps having been taken in respect of this application, and
essentially no proper application being
before the court, the
following order is deemed to be appropriate;
Order:
I.
The
application for leave to appeal is dismissed.
__________________
Tlhotlhalemaje, J
Judge of the Labour Court
of South Africa