South Africa: Durban Labour Court, Durban

IN THE LABOUR COURT OF SOUTH AFRICA, DURBAN

Not Reportable

Case No: D988/19

In the matter between:

MHLATHUZE WATER                                                                                    Applicant

And

JOHANNA P KRUGER                                                                      First Respondent

COMMISSIONER: ALMERO DEYZEL N.O                                 Second Respondent

THE COMMISSIONER FOR CONCILIATION,

MEDIATION AND ARBITRATION (“CCMA”)                                  Third Respondent

Heard:           21 June 2021

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

Summary:     Opposed Review

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