CoA grants UB chance to defend appeal

Goitsemodimo Kaelo | Tuesday August 30, 2016 17:03

UB had failed to timeously file its notice to oppose an appeal brought against them by its former mechanical engineering lecturer Felix Masunga. Masunga appealed a High Court judgement in a case in which he had taken his former employer to court over a contractual dispute. He had taken the institution to court claiming reinstatement or damages after the employer terminated his contract.

Delivering the ruling Justice Monametsi Gaongalelwe stated that in consideration of the relevant issues in the application, the application has satisfied all the principles to be involved and is successful. The institution had delayed filing notice to oppose Masunga’s appeal by nine days.

“The application is successful. Condonation of late filing of notice of opposition to the appeal is hereby granted. There shall be no order as to costs of this application,” he said. He said that the applicant in the matter has satisfied the court that there was cause for delay. He highlighted that the court considered factors that include the degree of lateness, whether the explanation for such delay is acceptable and whether the appeal or the opposition to such appeal as in this case has prospects of success. He also indicated that the respondent who is the appellant in the main matter did not oppose the application.

“Such a notice though not necessarily decisive is one of the factors to be taken into account in conjunction with the other factors mentioned above,” he said.

In its founding affidavit, UB explained that they were delayed because they were still appointing the director of legal services.

“The substance of the explanation is that the requisite resolution of the university was prepared but there was some interval during which the substantive holder of the office of Director of Legal Services was to be appointed,” wrote the applicant in its founding affidavit.

Monametsi said although there were no records of evidence in the record, the application was arguable further indicating that this is a case where the applicant was entitled to appeal without seeking condonation were it not for the unfortunate delay resulting from matters of a purely administrative nature.