IN THE LABOUR COURT OF SOUTH AFRICA, DURBAN

Reportable

CASE NO: D283/19

In the matter between:

THE HEALTH AND OTHER SERVICES

PERSONNEL TRADE UNION OF SOUTH AFRICA

(“HOSPERSA”)                                                                                      First Applicant

PAUL GEORGE SHAUN COTCHOBOS                                          Second Applicant

RAJANDRAN PERUMALSAMI APPADU                                            Third Applicant

and

THE MEMBER OF THE EXECUTIVE COUNCIL

RESPONSIBLE FOR HEALTH, KWAZULU-NATAL                         First Respondent

DEPARTMENT OF HEALTH, KWAZULU-NATAL                       Second Respondent

Heard:            21 June 2021

Delivered:      This judgment was handed down electronically by circulation to the parties and / or their legal representatives by email. The date and time for handing-down is deemed 10h00 on 26 July 2021.

Summary:      Opposed Application

JUDGMENT: APPLICATION FOR LEAVE TO APPEAL

Schumann, AJ

1]   Leave to appeal is sought against my previous judgement in this matter. The application was brought some months ago and submissions were filed but, unfortunately, the application was only brought to my attention in the second week of June 2021.

2]   I have considered the submissions in support of the application and they add nothing particularly new to what was submitted when the matter was previously argued. I have reconsidered the evidence and the conclusions I drew in light of the material before me and I am unpersuaded· that an appeal would have reasonable prospects of success as envisaged by Section 17 (1)(a)(i) of the Superior Courts Act, 10 of 2013.

2.1]   Leave to appeal is, accordingly, refused.

P Schumann

Acting Judge of the Labour Court of South Africa