THE LABOUR COURT OF SOUTH AFRICA,

JOHANNESBURG

CASE NO: J 879/12

DATE: 22 MARCH 2016

In the matter between:

SOLIDARITY............................................................................................................................Applicant

(First Respondent on Appeal)

And

THE MINISTER OF SAFETY AND SECURITY......................................................First respondent

(First applicant on appeal)

THE MINISTER OF LABOUR...............................................................................Second respondent

THE NATIONAL COMMISSIONER OF

THE SOUTH AFRICAN POLICE SERVICE..........................................................Third respondent

(Second Applicant on appeal)

SOUTH AFRICAN POLICE UNION......................................................................Fourth respondent

(Second respondent on appeal)

POLICE AND PRISONS CIVIL RIGHTS UNION......................................................Amicus Curiae

Judgment on application for leave to appeal

LAGRANGE J

[1] As the judgment in the matter to a significant extent is linked to the decision of the LAC in Solidarity & others v Department of Correctional Services & others (Police & Prisons Civil Rights Union as Amicus Curiae)^[1], which is a judgment on appeal in the Constitutional Court, it would be anomalous not to grant leave to appeal against the judgment in this matter.

Order

[2] Accordingly,

2.1 Leave to appeal against the judgment in this matter handed down on 26 January 2016 is granted to the applicants for leave to appeal.

2.2 Costs shall be costs in the appeal.

Lagrange J (In chambers)

Judge of the Labour Court of South Africa

Dated: 22 March 2016