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[2014] ZALCJHB 134
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Merafong City Local Municipality v South African Municipal Workers Union (SAMWU) and Another; In re: South African Municipal Workers Union (SAMWU) and Another v Merafong City Local Municipality and Others (J1021/12) [2014] ZALCJHB 134 (24 April 2014)
REPUBLIC
OF SOUTH AFRICA
THE
LABOUR COURT OF SOUTH AFRICA,JOHANNESBURG
JUDGMENT
CASE
NO: J1021/12
In
the matter between:
MERAFONG
CITY LOCAL
MUNICIPALITY Applicant
And
SOUTH
AFRICAN MUNICIPAL WORKERS UNION (“SAMWU”) 1
st
Respondent
VUYISILE
PATRICK
NQABA 2
nd
Respondent
in
re:
SOUTH
AFRICAN MUNICIPAL WORKERS UNION (“SAMWU”) 1
st
Applicant
VUYISILE
PATRICK
NQABA 2
nd
Applicant
and
MERAFONG
CITY LOCAL
MUNICIPALITY 1
st
Respondent
NHLANHLA
MABASO 2
nd
Respondent
MEC FOR LOCAL
GOVERNMENT : GAUTENG 3
rd
Respondent
Delivered: 24 April
2014
LEAVE TO APPEAL
JUDGMENT
Lallie J
[1]
The applicant seeks leave to appeal against the whole of my judgment
dated 10 May 2013. This unopposed application is
based on what
the applicant referred to as legal and/or factual errors.
[2]
The test for leave to appeal is whether another Court might
reasonably come to a decision different from the one I reached.
In
Lodewicus Andries Michael Kruger v The State
[1]
the court confirmed that the test for leave to appeal is whether
there is a reasonable prospect of success. The court referred
with
approval to S v Smith
[2]
where the test for leave to appeal was expressed as follows:
‘
What the test of
reasonable prospects of success postulates is a dispassionate
decision, based on the facts and the law, that a
court of appeal
could reasonably arrive at a conclusion different to that of the
trial court. In order to succeed, therefore, the
appellant must
convince this court on proper grounds that he has prospects of
succeed on appeal and that those prospects are not
remote but have a
realistic chance of succeeding. More is required to be established
than that there is a mere possibility of success,
that the case is
arguable on appeal or that the case cannot be categorized as
hopeless. There must, in other words, be a sound,
rational basis for
the conclusion that there are prospects of success on appeal’.
[3] I have considered all
eleven grounds the applicant sought to rely on, the submissions
on its behalf and my judgment. The
determination of this application
is neither an opportunity to rewrite my judgment nor to justify it.
It requires the application
of the relevant test. The submissions
which fall outside the relevant test are therefore of no moment. I
could find no reason,
based on both the facts and the law, for
another court to reasonably reach a decision different from the one
the applicant seeks
leave to appeal against. The applicant therefore
has no prospects of success.
[4] In the premises the
application for leave to appeal is dismissed.
______________________________
Lallie J
Judge of the Labour
Court
Matter
considered in Chambers:
For
the Applicant:
Advocate
M S M Brassey SC and Advocate M J Engelbrech
Instructed
by: De
Swardt Vogel Myambo Attorneys
[1]
Unreported
(612/13
[2013] ZA SCA 198
para 2
[2]
2012
(1) SACR 567
(SCA) para 7