IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case No: JR 1598/22
In the matter between:
SOUTHERN AFRICAN CLOTHING AND
TEXTILE WORKERS’ UNION Applicant
and
PLUSNET GEOTEX,
A DIVISION OF MASTER PLASTICS LTD First
Respondent
COMMISSION FOR CONCILIATION,
MEDIATION, AND ARBITRATION Second Respondent
MARK HAWYES N.O. Third Respondent
Decided: In Chambers
Delivered: 20 November 2025
RULING: LEAVE TO APPEAL
MABASO, AJ
2
[1] Following the dismissal of the Individual Employees in this matter and their
subsequent unsuccessful attempt to have the dismissal set aside at the
Commission for Conciliation , Mediation and Arbitration, this Court was
approached with a review application. It reviewed and set aside the
arbitration award that dismissed the Individual Employees’ claim. This Court
then replaced the arbitration award with an order stating that, inter alia , the
dismissal was both procedurally and substantively unfair. Consequently, the
First Respondent was ordered to reinstate others, whereas some were only to
be compensated.
[2] Now, the First Respondent seeks leave to approach the Labour Appeal Court
to challenge this Court's decision. The applicable test for leave to appeal is
whether there is any reasonable prospect that another Court, the Labour
Appeal Court in this instance, may come to a finding different from that of this
Court. It is trite that section 17(1)(a) of the Superior Courts Act
1 provides
that leave to appeal may only be granted where this Court are of the opinion
that the appeal would have a reasonable prospect of success; or there is
some other compelling reason why the appeal should be heard, this will
include conflicting judgments on the matter under consideration.
[3] In Ramakatsa2, the S upreme Court of A ppeal set out the proper approach to
the test for leave to appeal in terms of section 17(1)(a) as follows:
“ …This Court in Caratco, concerning the provisions of s 17(1)(a)(ii) of the SC
Act pointed out that if the court is unpersuaded that there are prospects of
success, it must still enquire into whether there is a compelling reason to
entertain the appeal. Compelling reason would of course include an important
question of law or a discreet issue of public importance that will have an effect
on future disputes. However, this Court correctly added that ‘but here too the
merits remain vitally important and are often decisive’. I am mindful of the
merits remain vitally important and are often decisive’. I am mindful of the
decisions at high court level debating whether the use of the word ‘would’ as
opposed to ‘could’ possibly means that the threshold for granting the appeal
has been raised. If a reasonable prospect of success is established, leave to
appeal should be granted. Similarly, if there are some other compelling
1 Act 10 of 2013.
2 Ramakatsa and Others v African National Congress and Another [2021] ZASCA 31 (31 March
2021).
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reasons why the appeal should be heard, leave to appeal should be granted.
The test of reasonable prospects of success postulates a dispassionate
decision based on the facts and the law that a court of appeal could
reasonably arrive at a conclusion different to that of the trial court. In other
words, the appellants in this matter need to convince this Court on proper
grounds that they have prospects of success on appeal. Those prospects of
success must not be remote, but there must exist a reasonable chanc e of
succeeding. A sound rational basis for the conclusion that there are prospects
of success must be shown to exist.”
[4] Taking into account the applicable principle, this Court considered all the
grounds for leave to appeal, as advanced by the First Respondent, and
reflected on its judgment in support of the orders in question, but is not
convinced that there are reasonable prospects that the Labour Appeal Court
would come to a different conclusion on the law and facts.
[5] Consequently, the application for leave to appeal has no merit; consequently,
it should not succeed.
Order:
1. The application for leave to appeal is refused
2. There is no order as to costs.
_____________________
Sandile Mabaso
Acting Judge of the Labour Court of South Africa