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[2019] ZALCJHB 308
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Maraba and Others v Tshwane University of Technology (JS1032/12) [2019] ZALCJHB 308 (5 November 2019)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case no: JS1032/12
In
the matter between:
PAUL
MARABA AND 2 OTHERS
Applicants
and
TSHWANE
UNIVERSITY OF TECHNOLOGY
Respondent
Considered:
In Chambers
Delivered:
05 November 2019
JUDGMENT:
LEAVE TO APPEAL
MABASO,
AJ
[1]
This is an application for leave to appeal, brought by the Tshwane
University of Technology,
the Respondent, against the judgment of
this Court. The applicants oppose this application.
[2]
The test to grant a leave to appeal application is found in section
17 of the Superior
Court Act
[1]
,
which reads thus:
“
Leave
to appeal
(1)
Leave to appeal may only be given where the
judge or judges concerned are of the opinion that –
(a)
(i)
the appeal would have a reasonable prospect of success; or
(ii)
there is some other compelling reason why the appeal should be heard,
including conflicting
judgments on the matter under consideration;
(b)
the decision sought on appeal does not fall within the ambit of
section 16 (2) (a);
and
(c)
where the decision sought to be appealed does not dispose of all the
issues in the
case, the appeal would lead to a just and prompt
resolution of the real issues between the parties”
[3]
The Labour Appeal Court in
Martin
and East (Pty) Ltd v NUM and Others,
[2]
held in regard to applications for leave to appeal in this Court as
follows:
“
I
would urge labour courts in future to take great care in ensuring a
balance between expeditious resolution of a dispute and the
rights of
the party which has lost. If there is a reasonable prospect that the
factual matrix could receive a different treatment
or there is a
legitimate dispute on the law, that is different. But this kind
of case should not reappear continuously in
courts on appeal after
appeal, subverting a key purpose of the Act, namely the expeditious
resolution of labour disputes.”
[4]
After consideration of the grounds for leave to appeal against the
above law there
is nothing that persuades this Court that the Labour
Appeal Court would overturn this Court’s decision.
[5]
Therefore the following order is
made:
Order:
1.
The application for leave to appeal is
dismissed.
2.
There is no order as to costs.
_______________________
S. Mabaso
Acting
Judge of the Labour Court of South Africa
[1]
No. 10 of 2013.
[2]
(2014)
35 ILJ 2399 (LAC).