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[2017] ZALCJHB 105
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Mokitimi v Commission for Conciliation, Mediation and Arbitration and Another (J2934/12) [2017] ZALCJHB 105 (27 March 2017)
IN
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
reportable
Case
No J2934/12
In the
matter between:
TIISETSO WILLIAM MOKITIMI
Applicant
and
COMMISSION FOR CONCILIATION,
MEDIATION AND
ARBITRATION
First Respondent
SEDIBENG DISTRICT
MUNICIPALITY
Second Respondent
Considered
in chambers
Dated:
27 March 2017
JUDGMENT:
LEAVE TO APPEAL
MOTHIBI,
AJ
[1]
This is an application for leave to appeal
an extemporary judgment delivered by this court on 12 July 2016.
[2]
The Applicant has filed an application for
leave to appeal against that judgment. The Second Respondent
has indicated that
it will abide by the Court’s decision.
[3]
The Applicant has raised a number of
grounds in pursuing his application for leave to appeal. It is
not necessary for me to
regurgitate those grounds in this ruling save
to state that I have considered them and am satisfied that based on
the test applied
to applications of this nature being whether another
Court might reasonably come to a different conclusion than the one
that I
reached in giving my judgment. I accept that another
Court, having regard to the grounds of appeal raised by the Applicant
may come to a different conclusion than the one I reached.
[4]
In the circumstances, I make the following
order:
1.
The application for leave to appeal is
granted against the whole judgment and order handed down by this
Court ex tempore on 12 July
2016.
_______________________
J
Mothibi
Acting
Judge of the Labour Court of South Africa