Shabane v Minister Nkwinti and Another (J1947/2017) [2018] ZALCJHB 102 (13 March 2018)

35 Reportability

Brief Summary

Appeal — Application for leave to appeal — Applicant sought leave to appeal against judgment of Labour Court — Court found application had no reasonable prospects of success but granted leave due to compelling reasons under section 17(1)(a)(ii) — Leave to appeal granted despite lack of reasonable prospects.

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[2018] ZALCJHB 102
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Shabane v Minister Nkwinti and Another (J1947/2017) [2018] ZALCJHB 102 (13 March 2018)

THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case
no:
J
1947/2017
In
the matter between:
PETRUS
MDUDUZI
SHABANE

Applicant
and
MINISTER
NKWINTI AND
ANOTHER
Respondents
Heard
:
In Chambers
Delivered:
13 March 2018
JUDGMENT

APPLICATION
FOR LEAVE TO APPEAL
MOSHOANA,
J
[1]
This is an application for leave to appeal
against the judgment of this court handed down on 18 January 2018.
The application is
opposed.
[2]
Having
considered the grounds for leave to appeal, I come to the conclusion
that the application has no reasonable prospects of
success. However,
I grant leave due to the provisions of section 17 (1) (a) (ii)
[1]
Order
1.
The application for leave to appeal is
hereby granted.
_______________________
GN
Moshoana
Judge
of the Labour Court of South Africa
Appearances
For
the Applicant:
Advocate S Ogunrobi
Instructed
by:

Mfenyana Attorneys Inc, Centurion Pretoria.
For
the Respondents:
Advocate E S J Van Graan SC
Instructed
by:

Swardt Vogel Myambo Attorneys, Brooklyn Pretoria.
[1]
(ii) there is some other compelling reason why the appeal should be
heard, including conflicting judgments on the matter under

consideration.