South Africa: Johannesburg Labour Court, Johannesburg

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not reportable

Case no: JR 1529/13

In the matter between

PHAKUKA XIKUTARA VICTOR                                                                            Applicant

and 

NATIONAL COMMISSIONER OF THE                                                    First Respondent

SOUTH AFRICAN POLICE SERVICE

SAFETY AND SECURITY SECTORAL                                              Second Respondent

BARGAINING COUNCIL

ADV. I A SIRKHORT N.O                                                                        Third Respondent

Ruling: 18 July 2016 (in chambers)

JUDGMENT

VAN NIEKERK J

[1] This is an application for leave to appeal against a judgment delivered on 10 May 2016 and to introduce new evidence in support of the main application. On 10 May, in an ex tempore judgment, the court dismissed an application to review and set aside an arbitration award issued by the third respondent.

[2] The application for leave to appeal was filed on 2 June 2016, outside of the time limit prescribed by the rules. (The judgment was delivered on 10 May 2016, and not 11 May 2016 as stated in the notice of motion.) The failure to file the present application within the prescribed time limit coupled with the failure to apply for condonation for the late filing have the result that this court has no jurisdiction to entertain the application, which stands to be dismissed for that reason alone.

[3] In any event, the application does not include a copy of the transcribed judgment. This omission by the applicant constitutes a breach of paragraph 14.5 of the practice manual applicable in this court where it is made clear that it is the responsibility of the parties to arrange for the transcript of any judgment delivered ex tempore and that awaiting the transcript does not delay the time periods, which run from the day the judgment was delivered, from continuing to run.

[4] The present application for leave to appeal was filed on 2 June 2016. On 13 June 2016, my associate reminded the applicant’s attorneys of their obligation in terms of the practice manual and noted that the application for leave to appeal would not receive attention unless and until the transcribed judgment was furnished. More than five weeks have elapsed since that date, and the transcribed judgment remains outstanding.

[5] In the circumstances, given the applicant’s failures to file the application timeously and to seek condonation therefor; and further in the absence of the filing of the transcribed judgment, the application for leave to appeal stands to be dismissed.

I make the following order:

1. The application for leave to appeal is dismissed.

ANDRE VAN NIEKERK

JUDGE OF THE LABOUR COURT