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[2011] ZALCJHB 263
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Khosa and Another v South African Police Service and Others (JR1249/07) [2011] ZALCJHB 263 (14 April 2011)
IN THE LABOUR COURT OF
SOUTH AFRICA
HELD AT JOHANNESBURG
CASENO:
JR1249/07
In the matter between
LOUIS
SIKHETSO
KHOSA
1
st
Applicant
ELIAS
KABISHI
MALATJI
2
nd
Applicant
And
THE
SOUTH AFRICAN POLICE SERVICE
1
st
Respondent
DENGA
MULIMA
N.O.
2
nd
Respondent
THE SAFETY &
SECURITY SECTORIAL
BARGAINING
COUNCIL
3
rd
Respondent
JUDGMENT:
LEAVE TO APPEAL
Molahlehi J
Introduction
1.
This is an application for leave to appeal
in terms of which the applicant seeks to appeal the judgement of this
court made on the
2
nd
February 2011. In terms of that judgment the court dismissed the
applicant’s review application with costs.
2.
The applicant has in his application for
leave to appeal raised five grounds for the leave to appeal. I do not
deem it necessary
to repeat those grounds for appeal in this
judgment.
3.
The test to apply in considering whether or
not to grant leave to appeal is whether there are reasonable
prospects that another
court may arrive at different conclusion to
the one made by the court a quo. In terms of
section 166
of the
Labour Relations Act 66 of 1995
a party seeking to appeal against the
decision of the Labour Court has to do so by first obtaining leave to
appeal from the Labour
Court.
4.
In the present matter I have considered
both the written submissions in relation to the leave to appeal
including the judgement
of this court made on the 2
nd
of February 2011. I am satisfied that the applicant has made out a
case for leave to appeal.
5.
In the premises the following order is
made:
1.
The leave to appeal to the Labour Appeal
Court is granted.
2.
Costs shall be costs in the Appeal.
_______________
Molahlehi J
Date of Judgment :
14 April 2011
Appearances
Matter
decided on paper