This is an application for condonation for late filing an application for review. It is opposed. PRELIMINARY ISSUES
At the commencement of the hearing , preliminary issues were raised on behalf of the 1st respondent . These are that the draft application for review does not comply with rules of this Court ,Statutory Instrument 150/2017( the Rules); that the relief sought is incompetent and further that the review application is premature More
This is a judgment on preliminary issues which were raised on behalf of the 1st respondent where the main matter was an application for review. The following were the preliminary issues. That the application was defective in that it did not comply with the provisions of R20 of the Rules of this Court and Form LC5; that the grounds for review were not concise and precise; issue estoppel/res judicata in that the applicant was raising an appealable matter in an application for review where such matter had been competently dealt with in terms of a code of conduct. The respondent... More
This is an application for condonation for late noting of an appeal and an application for rescission. In his draft order the applicant has prayed for condonation only. I will therefore deal with an application for condonation. More
Appellant appealed against his dismissal from employment by Respondent. The crux of his case is set out in his Heads of Argument as follows,
“12. The Respondent failed to establish all these essential elements of theft during the hearing much made (sic) and arbitrary decision to dismiss the Appellant. The Labour Act states that an employee can only be dismissed if it is proved in terms of the law that he was engaged in an act of misconduct stipulated in the Employment Code of Conduct (Section 12B of the Act). More
This is an application for condonation for late filing of an application for recession of default judgment and an application for rescission of default judgment. More
