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IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

 

Not Reportable

Case No: JS 611/2016

 

 

In the matter between:

 

ASSOCIATION OF MINEWORKERS AND

CONSTRUCTION UNION                                   Applicant

 

and

 

COUNCIL OF MINES OF SOUTH AFRICA        First Respondent

 

NATIONAL UNION OF MINEWORKERS           Second Respondent

 

UASA                                                                   Third Respondent

 

SOLIDARITY                                                       Fourth Respondent

 

Decided:      In Chambers

Delivered:    22 February 2023

 

 

JUDGMENT: APPLICATION FOR LEAVE TO APPEAL

 

 

PRINSLOO J,

 

[1]         The Applicant and the First Respondent respectively filed an application for leave to appeal against the judgment and order of this Court handed down on 25 January 2023.

 

[2]         I have considered the grounds for appeal as raised by the Applicant and the First Respondent.

 

[3]         It is trite that to be entitled to leave to appeal, an applicant in the application for leave to appeal must satisfy this Court that it has reasonable prospects of success on appeal and that based on the facts and the law another court would arrive at a conclusion different than the one reached by the Court a quo. Appeals should be limited to matters where there is a reasonable prospect that the factual matrix could receive a different treatment of where there is some legitimate dispute on the law.

 

[4]         Section 17(1)(a)(ii) of the Superior Courts Act[1] provides that leave to appeal may be granted if there is a compelling reason why the appeal should be heard. In casu important questions of law are raised that requires the appeal to be heard.

 

[5]         In my view this is a case where the appeal should be heard.

 

Order

 

[6]         I therefore make the following order:

 

1.     Leave to appeal is granted.

 

2.     There is no order as to costs.

 

Connie Prinsloo

Judge of the Labour Court of South Africa

 

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