THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG
Not Reportable
Case No . JR2234/2 3
In the matter between:
MALEBANA EDWIN MASHAO AND OTHERS Applicant
and
SOUTH AFRICAN LOCAL GOVERNMENT
BARGAINING COUNCIL First Respondent
MATLALA, L N.O. Second Respondent
EKURHULENI METROPOLITAN MUNICIPALITY Third Respondent
Heard: In Chambers
Delivered: 11 March 2025
JUDGMENT : APPLICATION FOR LEAVE TO APPEAL
2
MAKHURA , J
[1] This is an application for leave to appeal the whole of the ex tempore judgment
and order issued on 23 October 2024. In terms of that judgment, this Court dismissed
the applicant’s application for condonation and with it, the review application. [2] The applicant’s application for leave to appeal was filed on 13 November 2024.
In terms of Rule 67(3) of the Rules Regulating the Conduct of the Proceedings of the
Labour Court , the application for leave to appeal must be brought within 1 5 days after
the date of judgment. The application was filed within the 15- day period.
[3] Rule 67(4) requires that service of the applic ation for leave to appeal to be
effected on the secretary to the judge from whom leave to appeal is sought or on the
secretary of any other judge in the seat where the matter was heard. The applicant did not provide proof of this and did not serve the application on the secretary.
[4] The applicant has also not complied with Rule 67 (5), which provides that
submission s should be filed within 10 days of filing the application for leave to appeal.
The applicant has to date not filed the submissions. The application does not com ply
with the rules of this Court . It therefore falls to be struck from the roll.
[5] In the premises, the following order is made:
Order :
1. The application for leave to appeal is struck from the roll for non -
compliance with Rule 67 of the Labour Court rules.
M. Makhura
Judge of t he Labour Court of South Africa