Boshomane v Milpark Education and Others (Application for Leave to Appeal) (J1027/24) [2025] ZALCJHB 300 (15 July 2025)

30 Reportability

Brief Summary

In the case of Lesiba Johann Boshomane v. Milpark Education and Others, the Labour Court of South Africa addressed an application for leave to appeal following a judgment delivered on 20 April 2025. The court had previously determined that it lacked jurisdiction to adjudicate disputes related to perjury, directing the applicant to refer the matter to the Department of Public Prosecutions instead. The applicant subsequently filed for leave to appeal on 6 June 2025, which was outside the stipulated 15-day period set by Rule 67(2) of the Labour Court's procedural rules. The court noted that the applicant did not submit a condonation application for the late filing, which is a necessary step for the court to consider any appeal. As a result, the court concluded that it lacked the jurisdiction to entertain the application for leave to appeal without a proper condonation request. Consequently, the application was removed from the roll, effectively dismissing the applicant's request to appeal the earlier judgment.

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable
Case no: J 1027/24

In the matter between:

LESIBA JOHANNES BOSHOMANE Applicant

and

MILPARK EDUCATION First Respondent

PIET VAN STADEN Second Respondent

COMMISSION FOR CONCILIATION MEDIATION AND
ARBITRATION Third Respondent

Decided: In Chambers
Delivered: 15 July 2025


JUDGMENT – APPLICATION FOR LEAVE TO APPEAL


KRUGER, AJ

Introduction

2


[1] On 20 April 2025 this Court handed down judgment in terms of which this
Court found that it did not have the jurisdiction to adjudicate perjury disputes and that
the Applicant must refer this dispute to the Department of Public Prosecutions . The
Applicant filed an application for leave to appeal against the whole judgment and
order of this Court.

[2] The application for leave to appeal was filed on 6 June 2025. This is not in
compliance with Rule 67 (2) of the Rules Regulating the Conduct of the Proceedings
of the Labour Court. In terms of the rules the application for leave to appeal must be
filed within 15 days from the date of the judgement.

[3] The Applicant did not bring an application for condonation for the late filing of
his application for leave to appeal.

[4] Without a proper condonation application this court does not have the
jurisdiction to consider the application.

[5] In the result the following order is made:

Order
1. The Court does not have the jurisdiction to consider the application for
leave to appeal without a proper application for condonation;
2. The application for leave to appeal is removed from the roll.

W. Kruger
Acting Judge of the Labour Court of South Africa