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DENOSA obo Members v Minister of Health and Others (J1535/10) [2016] ZALCJHB 6 (12 January 2016)

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THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

 Not Reportable

Case no: J1535/10

In the matter between:

 

DENOSA obo MEMBERS

Applicants

and

 

THE MINISTER OF HEALTH

(NATIONAL GOVERNMENT)

First Respondent

MEC FOR HEALTH AND SOCIAL DEVELOPMENT, GAUTENG PROVINCE

Second Respondent

THE MINISTER OF PUBLIC SERVICE AND ADMINISTRATION

Third Respondent

STERKFONTEIN HOSPITAL

Fifth Respondent

PUBLIC HEALTH AND SOCIAL DEVELOPMENT SECTORAL BARGAINING COUNCIL

Sixth Respondent

MOLETSANE R NO

Seventh Respondent

Date:              12 January 2016

Decided in chambers.

JUDGMENT - APPLICATION FOR LEAVE TO APPEAL

TLHOTLHALEMAJE, J

[1] Judgment in this matter was handed down on 9 April 2015. On 4 May 2015, the Applicants had filed an application for leave to appeal. The application was already late at the stage that it was filed, and no application for condonation had been launched.

[2] Since then, no action has been taken on the matter, and full submissions in regard to that application have not been forthcoming as contemplated in Clause 15.2 of this Court’s Practice Manual which provides that;

“Within 10 days of the filing of the application for leave to appeal, the party seeking leave must file its submissions in terms of Rule 30(3A) and the party opposing the leave must file its submissions five days thereafter. An application for leave to appeal will be decided by the judge in Chambers on the basis of the submissions filed in terms of Rule 30 (3A), unless the judge directs that the application be heard in open court.”  

[3] In the light of no further steps having been taken in respect of this application, and essentially no proper application being before the court, the following order is deemed to be appropriate;

Order:

I.        The application for leave to appeal is dismissed.



__________________

Tlhotlhalemaje, J

Judge of the Labour Court of South Africa