Furniture Bargaining Council v Christo Burger Dienslewering and Another CC (Application for Leave to Appeal) (J918/24) [2025] ZALCJHB 561 (26 November 2025)

30 Reportability

Brief Summary

Labour Law — Leave to appeal — Application for leave to appeal against order prohibiting representation — Mr Ephraim Motale sought leave to appeal an order stating he had no locus standi to represent the respondents. — Court found no basis for believing another court would reach a different conclusion and identified no compelling reason for granting leave to appeal. — Application for leave to appeal dismissed.

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: J918/24
In the matter between:
FURNITURE BARGAINING COUNCIL Applicant
and
CHRISTO BURGER DIENSLEWERING CC First Respondent
MARTHINUS CHRISTOFFEL BURGER Second Respondent
Decided: In Chambers
Delivered: 26 November 2025

JUDGEMENT: APPLICATION FOR LEAVE TO APPEAL
PEER, AJ
[1] On 28 May 2025, this court issued the following order:
1. The rule nisi is extended to Tuesday, 12 August 2025, to enable the
applicant to serve the rule nisi personally on the second respondent.
2. Mr Ephraim Motale has no locus standi to appear on behalf of the
respondents and is prohibited from doing so.

2


3. There is no order as to costs.
[2] On 18 July 2025, this court handed down written reasons for order number 2
above.
[3] Mr Ephraim Motale seeks leave to appeal order number 2 (together with the
reasons thereof) .
[4] Considering the reasons , the grounds of appeal and the submissions filed,
this Court is not persuaded that another court will come to a different
conclusion.
[5] There is also no other compelling reason why leave to appeal should be
granted.
[6] In the circumstances, this court makes the following order :
Order
1. The application for leave to appeal is dismissed , and there is no order as
to costs.

______________
Y Peer
Acting Judge of the Labour Court of South Africa