REPUBLIC OF SOUTH AFRICA	

the labour court of South Africa, Johannesburg
judgment
                                                               Not reportable
	case no: j 435/17
In the matter between:
IMVULA QUALITY PROTECTION                                                First Applicant
PERSONS LISTED IN ANNEX A                          Second to further Applicants
RED ALERT TSS (PTY) LTD                                    First Intervening Applicant
PERSONS LISTED IN ANNEX B      Second to further Intervening Applicants
And

UNIVERSITY OF SOUTH AFRICA                                                   Respondent
	
Delivered: 26 September 2017
RULING: APPLICATION FOR LEAVE TO APPEAL
VAN NIEKERK J
[1]	The applicants apply for leave to appeal against the whole of the judgment delivered by this court on 7 September 2017. 
[2]	An application for leave to appeal falls to be considered in terms of s 17 of the Superior Courts Act, 10 of 2013. Section 17 (1) (a)(ii) provides that leave to appeal may be given is there is some compelling reason, other than that the appeal would have a reasonable prospect off success, why the appeal should be heard. 
[3]	I do not intend to make any findings in relation to the grounds for appeal on which the applicant relies. The present matter concerns the application of s 197 of the LRA to an insourcing of services in circumstances where the only subject of any transfer is, in effect, the contracts of employment of some but not all of the employees engaged by the outgoing service provider. The application of s 197 in these circumstances has not, as far as I am aware, been the subject of consideration by a higher court. Further, the application or otherwise of s 197 in these circumstances is a matter which requires certainty, not only for tertiary institutions such as the respondent many of whom have undertaken or will undertake similar exercises, but for employers and employees more generally. 
[4]	For these reasons, I have decided to grant the application for leave to appeal. 
I make the following order:
1.	Leave to appeal is granted, costs to be costs in the appeal. 

André van Niekerk
Judge