THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: J835/23
In the matter between:
MATSHEKGE LILIAN LEKGEU Applicant
and
GAUTENG DEPARTMENT OF EDUCATION First Respondent
MEMBER OF EXECUTIVE COUNCIL FOR EDUCATION: Second Respondent
GAUTENG
THE HEAD OF DEPARTMENT: GAUTENG DEPARTMENT Third Respondent
OF EDUCATION
Heard: In chambers
Delivered: 13 August 2025
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
MARQUES, AJ
[1] This is an application for leave to appeal brought by the Applicant against the
whole judgment and order of this Court issued on 22 May 2025 in terms of which the
Applicant was ordered to:
1.1 The Applicant was an employee of the First Respondent from 1
February 2019 to September 2020.
1.2 The First Respondent’s non- payment of the Applicant’s salary is a
breach of the Basic Conditions of Employment Act, No 75 of 1997.
1.3 The First Respondent is ordered to make payment to the Applicant of
the unpaid salary amounting to R322 326.00 within 10 court days of the date
of this order.
1.4 The First Respondent is to pay interest on the aforesaid amount at the
prescribed rate of interest calculated from 1 April 2019 to date of payment in
accordance with this order.
1.5 No order as to costs.
[2] Since the notice of application for leave to appeal was delivered on 6 June
2025, no further submissions have been filed in terms of Rule 67(5).
[3] I have considered the grounds upon which leave to appeal is sought and
reflected on the judgment. I am not persuaded that the appeal has reasonable
prospects of success or that another court will come to a different conclusion. All of
the issues set out in the notice of application for leave to appeal were considered in
the hearing. The application stands to be dismissed.
[4] In the premises the following order is made:
Order
1. The Application for leave to appeal is dismissed.
B. Marques
Acting Judge of the Labour Court of South Africa