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[2017] ZALCJHB 320
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Vakalisa v South African Weather Service and Others (J2796/16) [2017] ZALCJHB 320 (7 September 2017)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case
no: J 2796/16
In
the matter between
BUBELE
VAKALISA
Applicant
and
THE
SOUTH AFRICA WEATHER SERVICE
First Respondent
MS
MMAPULA KGARI
N.O
Second Respondent
ANNAMART
NIEMAN
Third Respondent
Considered:
In chambers
Delivered:
7 September 2017
JUDGMENT
RABKIN-NAICKER,
J:
[1]
The applicant applies for
condonation for the late filing of submissions in his application for
leave to appeal the judgment handed
down by this Court on the
6 January 2017. The notice of appeal was delivered on the
18 January 2017 and on
that day, a directive was issued
referring to Rule 30 (3A)
[1]
of the Rules of this Court and Clause 15
[2]
of the Practice Manual. Legal submissions should have been filed on
or before 1 February 2017.
[2]
The Applicant’s submissions were filed on the 17 August 2017,
more than six months out of time. The attorney
of record for the
applicant avers that the reason for this delay was the suspension of
services by his erstwhile attorneys due
to non-payment of their legal
fees. The applicant’s current attorneys were only instructed on
the 9 July 2017.
They attempted to instruct the senior
counsel previously briefed in the matter, with no
response forthcoming. New counsel
was briefed on the 24 July 2017.
The reason for the delay is summarised by applicant as follows: “The
result of
the delay in this matter was caused by the previous
attorneys who suspended their services due to non-payment of their
legal fees.”
[3]
There has been an inordinate delay in filing the submissions and the
explanation given for the delay cannot be considered reasonable.
This
Court adjudicates a great deal of matters, many are brought by
indigent litigants. The Rules of Court and Practice Manual
of this
Court are applied to all parties before it. Litigants can, and
regularly do, draft their own pro-forma pleadings and submissions.
The applicant in this matter did not take any steps himself to ensure
compliance with the rules and practice of this Court.
[4]
The application for leave to
appeal contains the submission that there will be no prejudice to the
respondents if condonation is
granted. This is incorrect as the
principle of finality is at issue here, more especially given the
Labour Relations Act’s
objective
[3]
of speedy resolution of disputes. I note that the application that
gave rise to the judgment sought to be appealed, came to Court
on an
urgent basis.
[5]
In addition to the above, I have considered the submissions in the
application for leave to appeal filed by both parties, as
well as my
judgment in the matter. I do not believe there are reasonable
prospects of success on the merits. The application for
leave to
appeal does not therefore fall to be heard by this Court.
Order:
[6]
In the premises, the following order is made:
1.
The application for condonation is dismissed.
___________________
H
Rabkin-Naicker
Judge
of the Labour Court of South Africa
[1]
Rule 30
: Application for
leave to appeal to the Labour Appeal Court
(1) An application for leave to
appeal to the Labour Appeal Court may be made, by way of a statement
of the grounds for leave,
at the time of the judgment or order.
(2) …
(3A) Unless the judge from whom leave
to appeal is sought otherwise directs, the parties' respective
submissions in respect of
the application for leave to appeal must
be-
(a)
in writing; and
(b)
delivered on or before a
date fixed by the judge.
[2]
Clause 15:
APPLICATIONS FOR
LEAVE TO APPEAL
15.1
A copy of any application
for leave to appeal filed in terms of Rule 30 must also be served on
the secretary to the judge from
whom leave to appeal is sought. If
the judge’s secretary is not available, it may be served on
the secretary of any other
judge in the seat where the matter was
heard.
15.2
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.
15.3
An application for leave
to appeal must be filed with the registrar in charge of appeals.
[3]
Act 66 of 1995 (as amended)