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THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

 

Not Reportable

Case no: JS 1013/20

 

In the matter between:

 

ZANDILE ZWANE & 4 OTHERS	Applicants
and
BRAKPAN PRIMARY SCHOOL	Respondent

Decided:      In Chambers

Delivered:    20 August 2024

This judgment was handed down electronically by circulation to the parties' representatives by email. The date for hand-down is deemed to be on 20 August 2024

 

JUDGMENT: APPLICATION FOR LEAVE TO APPEAL

 

VAN AS, AJ

 

Introduction

 

1.  The applicants seek leave to appeal against the judgment which I delivered on 2 March 2021 (“the Judgment”).

 

2.  The applicants also seek condonation for the late filing of their application for leave to appeal.

 

3.  These two applications are both unopposed.

 

THE CONDONATION APPLICATION

 

4.  The Judgment was delivered on 2 March 2021.

 

5.  The application for leave to appeal was filed on 4 April 2023.

 

6. Rule 30(2) of the Old Labour Court Rules (which were applicable) required an application for leave to appeal to be served and filed within fifteen court days of the Judgment (i.e. on in before 23 March 2021).

 

7.  There is therefore a delay of some two years which is clearly excessive.

 

8.  The explanation for the delay is a litany of reasons ranging from a lack of funds to being advised by the Legal Aid Board that the application for leave to appeal is without merit.

 

9.  What is however clear from the founding affidavit in support of the condonation application is that there is simply no explanation for large periods of the delay, including the period from 14 December 2021 (when their attorney of record addressed a letter to the applicants advising them of their prospects of success on appeal) to September 2022 (when the third applicant consulted with the applicants’ attorney of record).

 

10.  A party seeking condonation is required to furnish an explanation which must offer an explanation for the full length of the delay.[1]

 

11.  This is particularly so where there has been a lengthy delay.[2]

 

12.  It is also settled law that this court need not even consider the prospects of success where there is no reasonable explanation for a lengthy delay.[3]

 

13.  I am not satisfied that the applicants have satisfied an essential requirement for condonation, namely a reasonable explanation for a lengthy delay.

 

14.  I therefore refuse to condone the late filing of the application for leave to appeal.

 

15.  In light of the fact that condonation has been refused, there is no need for me to consider the application for leave to appeal.

 

16.  In the premises, the following order is made:

 

ORDER

 

17.  The application for condonation for the late filing of the application for leave to appeal is dismissed.

 

18.  There is no order as to costs.

 

Michael Van As

Acting Judge of the Labour Court of South Africa

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