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2019
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[2019] ZALCJHB 202
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SAMWU obo Shongwe and Others v Moloi NO and Others (JR483/14) [2019] ZALCJHB 202 (13 August 2019)
THE
LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG
case no: JR 483/14
In
the matter between:
SAMWU
obo K SHONGWE & 45 OTHERS
Applicants
and
COMMISSIONER
LUCKY MOLOI (
N.O.
)
First
Respondent
COMMISSION
FOR CONCILIATION MEDIATION AND ARBITRATION
Second
Respondent
THE
CITY OF JOHANNESBURG
Third
Respondent
In Chambers: 07 August
2019
Delivered: 13 August
2019
JUDGMENT ON
APPLICATION FOR LEAVE TO APPEAL
LAGRANGE
J
[1]
The applicants in this application were the applicants in the review
application and the
respondent was the third respondent in that
application.
[2]
The applicants claim
inter alia
that the court erred in
refusing to condone the late filing of the Rule 7A(8) application
based on the patently contradictory findings
in paragraphs [38] and
[44] of the judgement. In paragraph [38] the court held that,
the effects of leaving the manifestly
incorrect ruling of the
commissioner intact outweighed the failure of the applicants to
provide an explanation for the extraordinary
delay, but in paragraph
[44] it held that, despite the merits of the review, the dilatory
prosecution thereof could not be excused.
[3]
Although it is clear the ratio of the court is the second finding on
the Rule 7A(8) condonation
application, and that it appears paragraph
[38] was inserted in error, I accept that this is a case in which the
balance between
the merits of the review and the other factors to be
considered in weighing up the condonation application is such that it
there
is a reasonable prospect another court could reach a different
conclusion.
[4]
In the circumstances, the following order is made:
Order
[1]
The applicants are granted leave to appeal against the court’s
findings that:
1.1
The condonation for the late filing of the Rule 7A(8)(b) notice is
dismissed.
1.2
the review application is dismissed.
[2]
Costs shall be costs in the appeal
____________________
Lagrange
J
Judge
of the Labour Court of South Africa