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[2017] ZALCJHB 99
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Msiza and Another v South African Local Government Bargaining Council and Others (JR1263/12) [2017] ZALCJHB 99 (24 March 2017)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not
Reportable
C
ase
no: JR 1263/12
In
the matter between:
MSIZA,
JAN
CHARLY
First
Applicant
SKOSANA,
BOY
MGIJI
Second
Applicant
and
SOUTH
AFRICAN LOCAL GOVERNMENT
First
Respondent
BARGAINING
COUNCIL
COMMISSIONER
THOMAS NTIMBANA
Second
Respondent
THEMBISILE
HANI MUNICIPALITY
Third
Respondent
Date:
22 November 2016
Decided
in Chambers: 24 March 2017
JUDGMENT
IN APPLICATION FOR LEAVE TO APPEAL
MTHOMBENI
AJ
[1]
Judgment in the application for the review of the arbitration award
made by the second respondent was handed down on 22 April
2015
against the applicants.
[2]
The application for leave to appeal was delivered approximately a
month late, but the applicants made an application for condonation
of
the late filing of the application for leave to appeal. The
application is unopposed.
[3]
In my opinion, while the delay is not excessive, there are no
prospects of succeeding if I were to grant leave to appeal.
[4]
This notwithstanding, the application for leave to appeal falls to be
unsuccessful for want of compliance with the Rule 30 (3A).
[5]
Subsequent to the delivery of the application for leave to appeal,
the applicants have failed to deliver submissions as contemplated
in
Clause 15.2 of the Practice Manual which states:
“
Within
10 days of the filing of the application for leave to appeal, the
party seeking leave to appeal must file submissions in
terms of Rule
30(3A) and the party opposing the leave to appeal 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
”
.
[6]
In the circumstances, I make the following order:
1.
The application for leave to appeal is dismissed.
________________________
MTHOMBENI
AJ
Acting
Judge of the Labour Court