THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case No: JR1115/22
In the matter between:
SAMWU obo NYATHI & OTHERS Applicant
and
CITY OF EKURHULENI First Respondent
MABUSELA, TL N.O. Second Respondent
SOUTH AFRICAN LOCAL GOVERNMENT
BARGAINING COUNCIL (SALGBC) Third Respondent
Heard: In Chambers
Delivered: 19 August 2026
JUDGMENT: APPLICATION FOR RE-ENROLMENT
(APPLICATION FOR LEAVE TO APPEAL)
MAKHURA, J
(1) Reportable: No
(2) Of interest to other Judges: No
(3) Revised
___________ 19 August 2026
Signature Date
2
[1] This is an application for the re- enrolment of an application for leave to appeal
that was struck from the roll on 16 July 2026 due to non- compliance with Rule
67(2), (4) and (5) of the Rules of this Court.
[2] The application provides an explanation only for the non- compliance with Rule
67(2) and (4). The applicants appear to have conflated the concepts of filing and
service of the application on the Judge’s Secretary. The Rules require that the
application first be served on the Judge’s Secretary before it is filed with the
Registrar. No explanation has, however, been furnished for the applicants’ non-
compliance with Rule 67(5).
[3] Notwithstanding these shortcomings and in the interests of justice and finality, I
have decided to exercise my discretion and re-enrol the application. In doing so, I
have taken into account that the applicants may still wish to pursue the matter
and that their noncompliance appears to stem from their representative’s failure
to properly understand and adhere to this Court’s Rules.
[4] In the premises, the following order is made:
Order
1. The application for leave to appeal is re-enrolled.
2. The applicants are directed to file their written submissions within 10 days
of this judgment.
____________________
M. Makhura
Judge of the Labour Court of South Africa