CA succeeds in late filing condonation appeal
Goitsemodimo Kaelo | Wednesday August 24, 2016 15:04
The Competition Authority had applied to CoA seeking leave to appeal out of time a judgement handed by the High Court in which it dismissed an appeal brought against a decision of the Competition Commission.
The CA had missed deadline to file the notice of appeal against a judgement of Justice Gaolapelwe Ketlogetswe in which he dismissed an appeal brought against a decision of the Competition Commission. The CA had gone to the High Court to appeal an order by the Competition Commission dismissing its application seeking to extend an investigation into prohibited practices it suspected by two food-supplying companies, Creative Business Solutions and Rabbit Group.
The applicants were set to file the notice to appeal by Friday May 20, 2016 but filed one court day late on Monday May 23, 2016.
This was because its attorneys had given them wrong dates of May 25, 2016 as the day for filing notice to appeal but were advised to make an application for condonation of the late filing.
When delivering judgement yesterday, judge president Ian Kirby said the CoA condoned the late filing of the applicant’s notice to appeal.
Kirby said when the matter was called for argument, the respondent did not appear and had also not filed any notice of intention to oppose the application.
Kirby stated that the explanation forwarded by the applicant for its delay in noting the appeal seems reasonable to him, albeit founded on the negligence of the attorneys.
He stated that the applicant’s attorneys miscalculated the date by which the appeal had to be lodged and informed the applicant in writing that the date was May 25, 2016 instead of the correct date of May 20, 2016 but filed one court day late.
“When the matter was called for argument Mr T.M Rasetshwane rose on behalf of the applicant.
“There was no appearance for the respondent, who had also not filed any notice of intention to oppose. Accordingly, the application is unopposed. There is no prayer for costs, nor a tender of such.
The late filing of the applicant’s notice of appeal is condoned and the appeal shall be listed for hearing in its turn after the record has been settled, and security has been set and paid,” Kirby said.