South Africa: Johannesburg Labour Court, Johannesburg

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case no: JS1032/12

In the matter between:

PAUL MARABA AND 2 OTHERS                                                                     Applicants

and

TSHWANE UNIVERSITY OF TECHNOLOGY                                                  Respondent

Considered: In Chambers

Delivered:  05 November 2019

JUDGMENT: LEAVE TO APPEAL

MABASO, AJ

[1]        This is an application for leave to appeal, brought by the Tshwane University of Technology, the Respondent, against the judgment of this Court. The applicants oppose this application.

[2]        The test to grant a leave to appeal application is found in section 17 of the Superior Court Act[1], which reads thus:

“Leave to appeal

(1)          Leave to appeal may only be given where the judge or judges concerned are of the opinion that –

(a)          (i)         the appeal would have a reasonable prospect of success; or

(ii)        there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration;

(b)        the decision sought on appeal does not fall within the ambit of section 16 (2) (a); and

(c)        where the decision sought to be appealed does not dispose of all the issues in the case, the appeal would lead to a just and prompt resolution of the real issues between the parties”

[3]        The Labour Appeal Court in Martin and East (Pty) Ltd v NUM and Others,[2] held in regard to applications for leave to appeal in this Court as follows:

“I would urge labour courts in future to take great care in ensuring a balance between expeditious resolution of a dispute and the rights of the party which has lost. If there is a reasonable prospect that the factual matrix could receive a different treatment or there is a legitimate dispute on the law, that is different.  But this kind of case should not reappear continuously in courts on appeal after appeal, subverting a key purpose of the Act, namely the expeditious resolution of labour disputes.”

[4]        After consideration of the grounds for leave to appeal against the above law there is nothing that persuades this Court that the Labour Appeal Court would overturn this Court’s decision.

[5]        Therefore the following order is made:

Order:

1. The application for leave to appeal is dismissed.

2. There is no order as to costs.

_______________________

S. Mabaso

Acting Judge of the Labour Court of South Africa