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Sasol Mining (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1848/13) [2016] ZALCJHB 295 (28 July 2016)

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THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case no: JR1848/13

In the matter between:

SASOL MINING (PTY) LTD                                                                                        Applicant

AND

THE COMMISSION FOR CONSILIATION,

MEDIATION AND ARBITRATION                                                                 First Respondent

COMMISSIONER W N NKGOENG                                                          Second Respondent

NUM OBO ELVIS SONGO                                                                           Third Respondent



Date: 28 July 2016 

Decided in chambers

Summary:     Application for Leave to Appeal is dismissed with no order as to costs.  

LEAVE TO APPEAL JUDGMENT

CELE, J

[1] This is an application for leave to appeal against an ex-tempore judgment of this court delivered on 1 March 2016. In its judgment, this court dismissed an application to review and set aside an arbitration award issued by the Second Respondent on the 2nd July 2013.

[2] In my view, the application for leave to appeal was delivered out of time. In terms of Rule 30 (2), of the Rules of this Court, the application for leave to appeal ought to have been brought within 15 court days, that is, on or before 23 March 2016. The applicant only filed their application for leave to appeal on 29 June 2016. This application is therefore, some 3 months late. I have not had sight of any application for condonation for late filing of the application for leave to appeal by the applicant.  

[3] Also, in terms of rule 30 (2) no good cause has been shown to enable this Court to extend the prescribed period. No basis exists for this Court to exercise its powers in condoning the late filing of the application for leave to appeal.

[4] I accordingly make the following order:

4.1.     The application for leave to appeal is refused.

4.2.     No costs order is made.

__________________

Cele, J

Judge of the Labour Court of South Africa