Veerasamy and Another v Calgro M3 Developments Ltd (Application for Leave to Appeal) (JS505/22) [2025] ZALCJHB 137 (12 March 2025)

30 Reportability

Brief Summary

Labour Law — Leave to appeal — Application for leave to appeal filed late — Non-compliance with rule 67(3) of the Labour Court Rules — Application struck from the roll. The applicants sought leave to appeal against an ex tempore judgment delivered on 23 August 2024. The third respondent opposed the application on the grounds that it was filed outside the 15-day period prescribed by rule 67(3), with the application served on 4 December 2024, approximately 12 weeks late and without a condonation application. The court held that the application for leave to appeal was not properly before it due to non-compliance with the rules and therefore struck it from the roll.




THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG

Not Reportable
Case No: J S505/ 22

In the matter between:
ASHIKA VEERASAMY First Applicant
AMANDA MAQOKOLO Second Applicant

and

CALGRO M3 DEVELOPMENT S LTD First Respondent

Heard: In Chambers
Delivered: 12 March 2025


JUDGMENT :
APPLICATION FOR LEAVE TO APPEAL

MAKHURA , J

2

[1] This is an application for leave to appeal the whole of the ex -tempore judgment
and order dated 23 August 2024. The application is opposed by the third respondent.

[2] The third respondent contends that the application for leave to appeal was
launched outside the prescribed 15 days in terms of rule 67(3) of the Rules Regulating
the Conduct of the Proceedings of the Labour Court . On this basis, it is submitted that
the application is irregular and falls to be dismissed.

[3] The judgment was handed down on 23 August 2024. The 15 days expired on 13
September 2024. The application for leave to appeal was served on 4 December 2024
and filed on 6 December 2024. The application was filed approximately 12 week s late ,
without a condonation application.
[4] Accordingly, the application is not properly before this Court and falls to be struck
from the roll for non- compliance with the rules .
[5] In the premises, the following order is made:
Order
1. The application for leave to appeal is struck from the roll for non-
compli ance with r ule 67.

M. Makhura
Judge of the Labour Court of South Africa