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[2016] ZALCJHB 9
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National Union of Metal Workers of South Africa and Another v Tsatsimpe NO and Others (JR3030/11) [2016] ZALCJHB 9 (13 January 2016)
THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: JR3030/11
In
the matter between:
NATIONAL UNION OF
METAL WORKERS OF SOUTH AFRICA
First Applicant
BAMBO LOUIS MANUAL
CRUIDA
Second Applicant
and
MAPALO TSATSIMPE
N.O.
First Respondent
MEIBC, CENTRE FOR
DISPUTE RESOLUTION
Second Respondent
WADEVILLE PUMP
RECONDITIONERS CC
Third Respondent
Date:
13 January 2016
Decided
in chambers
JUDGMENT
- APPLICATION FOR LEAVE TO APPEAL
TLHOTLHALEMAJE,
J
[1]
The
review application brought by the Applicants against an award issued
by the First Respondent (Commissioner) was dismissed in
terms of a
judgment handed down on 30 September 2015. The Applicants have since
filed an application for leave to appeal against
that judgment.
[2]
The
application, which is opposed, was launched on 23 October 2015, and
was served on the Third Respondent on 21 October 2015. The
Third
Respondent served its notice of opposition on the Applicants on 23
October 2015. On 11 November 2015, the Third Respondent
filed a
notice of non-compliance with the Practice Manual for the leave to
appeal, pointing out that the application was out of
time in terms of
Rule 30 (3) of the Rules of this Court. On 19 November 2015, the
Applicants filed full submissions in regards
to the leave to appeal,
further indicating that a condonation application would be filed
immediately thereafter.
[3]
On
23 November 2015, the Third Respondent filed its full submissions in
opposition to the application for leave to appeal, and again
pointed
out that the application for leave to appeal was hamstrung as a
result of non-compliance with the rudimentary requirements
of the
Rules of this Court.
[4]
In
terms of Rule
30
of the Rules of this Court, an application for leave to appeal to the
Labour Appeal Court must be made and the grounds for appeal
furnished
within 15 days of the date of the judgment or order against which
leave to appeal is sought, except that the court may,
on good cause
shown, extend that period. This Rule should be read together with
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.”
[5]
Judgment
having been delivered on 30 September 2015, the
application
for leave to appeal as filed on 23 October 2015 is clearly out of
time by some eight days. The submissions were equally
filed out of
time, and as at the writing of this judgment, the Applicants had not
filed an application for condonation despite
their undertaking to do
so on 19 November 2015.
[6]
In
the light of the Applicants’ non-compliance with the time
frames applicable to such applications as set out in Rule 30
of the
Rules of this Court, read together with clause 15.2 of the Practice
Manual, the application for leave to appeal is clearly
defective and
accordingly ought to be dismissed.
[7]
The
applicants failed to heed the Third Respondent’s warning in
regards to their non-compliance with the applicable time frames.
No
attempt was made to rectify the defect despite an undertaking to do
so. In the circumstances, considerations of law and fairness
dictate
that the application should be dismissed with costs.
Order:
I.
The
application for leave to appeal is dismissed with costs.
__________________
Tlhotlhalemaje, J
Judge
of the Labour Court of South Africa