Matsekoleng v Synergy World Logistics (J780/20) [2025] ZALCJHB 115 (14 March 2025)

44 Reportability

Brief Summary

Labour Law — Leave to appeal — Application for leave to appeal against costs order — Applicant ordered to pay respondent’s disbursements and forfeit fees — New facts raised necessitating reconciliation with main application — Compelling reasons for appeal identified. Denga Incorporated sought leave to appeal a judgment ordering it to pay the respondent’s costs and forfeit fees charged to its client. The applicant contended that new facts emerged which could impact the main application and argued that the judgment had damaging repercussions on its reputation. The Labour Court granted leave to appeal, finding compelling reasons for the Labour Appeal Court to consider the matter.



THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG

Not Reportable
Case No . J780/20

In the matter between:
DENGA INCORPORATED Applicant
In re:

LEKABANE GILFORD MATSEKOLENG Applicant

and

SYNERGY WORLD LOGISTICS (PTY) LTD Respondent

Heard: In Chambers
Delivered: 14 March 2025
This judgment was handed down electronically by consent of the parties’
representatives by circulation to them via email. The date for hand- down is deemed to
be 14 March 2025.


JUDGMENT :

2
APPLICATION FOR LEAVE TO APPEAL

MAKHURA , J
[1] On 12 February 2025, this Court handed down judgment in terms of which the
applicant in this application for leave to appeal , Denga Incorporated, was ordered to pay
de bonis propriis the respondent’s disbursements and/or expenditures , costs of the
counsel’s fees and to forfeit any fees charged against its client, the applicant in the main
matter, from the inception of the matter to date of the hearing of the revival application
and to repay any money that its client paid into its account or paid in any manner for any
services rendered from the inception of the matter until the date of the hearing of the
revival application.
[2] The applicant brought these proceedings seeking leave to appeal against part of
the judgment and order . I have considered the grounds for leave to appeal and noted
that new facts have been raised which may need to be reconciled with what is pleaded
in the main application and the affidavit filed in response to the Court’s directions, for better , or for worse. I have also considered the contention that the main judgment has
wide repercussions which are damaging on Mr Denga and Denga Incorporated, “which
ruin[s] their career and reputations” . Based on the above, I am of the view that there are
compelling reasons for the Labour Appeal Court to hear the appeal .
[3] In the premises, the following order is made:
Order :
1. The application for leave to appeal succeeds.
2. Denga Incorporated is granted leave to appeal the judgment of this Court dated
12 February 2025 to the Labour Appeal Court.
____________________ M. Makhura
Judge of t he Labour Court of South Africa