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South Africa: Free State High Court, Bloemfontein
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[2013] ZAFSHC 9
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Khati v Mininster of Justice and Constitutional Development (775/11) [2013] ZAFSHC 9 (14 February 2013)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Application No: 775/11
In
the matter between:-
T
D KHATI
.................................................................................
Applicant
and
THE
MINISTER OF JUSTICE AND
CONSTITUTIONAL
DEVELOPMENT
..................................
Respondent
_____________________________________________________
HEARD ON:
11 FEBRUARY 2013
_____________________________________________________
JUDGMENT BY:
THAMAGE, AJ
_____________________________________________________
DELIVERED ON:
14 FEBRUARY 2013
_____________________________________________________
[1] This is an
application for leave to appeal to either the Full Bench of the Free
State High Court or the Supreme Court of Appeal.
[2] Leave to appeal is on
part of the judgment delivered by this court on 29 November 2012 as
regards the interpretation and meaning
of basic salary as per
Proclamation 75 dated 19 November 2009, which reads as follows:
“
2.1. A basic
salary component equal to 60% of the package, which constitutes a
pensionable salary.”
[3] Counsel for plaintiff
submits that basic salary constitute total remuneration whilst
counsel for the defendant submits that
it is 60% of the total
remuneration, which is what I have decided during my judgment.
[4] It is trite law that
leave to appeal should be granted if there is a reasonable
possibility that another court may come to a
different finding.
[5] This matter involves
interpretation of the word “basic salary” and I am of the
view that a different court may and
not will come to a different
conclusion.
[6] I was also requested
to refer the matter to the Full Bench of the Free State High Court.
In the light of the decision of
SHOPRITE CHECKERS (PTY) LTD v
BUMPERS SCHWARMAS CC AND OTHERS
2003 (5) SA 354
(SCA), I
share the same view.
[7] In the circumstances,
I thus make the following order:
7.1. Leave to appeal is
granted to a Full Bench of the Free State High Court.
7.2. Costs of this
application be costs in the appeal.
________________
S.J. THAMAGE, AJ
On
behalf of applicant: Adv S. Grobler
Instructed
by:
Kramer
Weihmann & Joubert Inc BLOEMFONTEIN
On
behalf of respondent: Mr I.P. Gough
Instructed
by:
State
Attorney BLOEMFONTEIN
/spieterse