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THE LABOUR COURT OF SOUTH AFRICA, GQEBERHA

 

JUDGMENT

 

Not reportable

Case no: P135 /2021

 

In the matter between:

 

AMCU obo MEMBERS                                                        Appellant

 

And

 

ABERDARE CABLES (PTY) LTD                                      First Respondent

 

THE COMMISSION FOR CONCILIATION,

MEDIATION AND ARBITRATION                                       Second Respondent

 

NALEDI BISIWE N.O.                                                         Third Respondent

 

Decided:      In Chambers

Delivered:    15 February 2024

This judgment was handed down electronically by consent of the parties’ representatives by circulation to them via email. The date for hand-down is deemed to be 15 February 2024.

 

JUDGMENT: APPLICATION FOR LEAVE TO APPEAL

 

PRINSLOO, J

 

[1]  The Appellant filed an application for leave to appeal against the judgment and order of this Court handed down on 20 December 2023. The First Respondent opposed the application.

 

[2]  I have considered the grounds for appeal raised by the Appellant as well as the submissions made in support and in opposition thereof and I do not intend to repeat those herein.

 

[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 also be granted if there is a compelling reason why the appeal should be heard. In casu important questions of law and practice are raised that require 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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