THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN
Case No. C424/24
In the matter between:
CIPLA DISTRIBUTION GATEWAY (PTY) LTD Applicant
and
MIKE MWALE First Respondent
COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION Second Respondent
MILES CHENNELS N.O. Third Respondent
Heard: In Chambers
Delivered: 31 March 2026
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
MAKHURA, J
[1] On 10 February 2026, this Court dismissed the applicant’s application to review
and set aside the arbitration award issued by the third respondent under the
(1) Reportable: Yes
(2) Of interest to other Judges: Yes
(3) Revised
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Signature Date
2
auspices of the second respondent. The applicant now seeks leave to appeal
against the whole of that judgment and order.
[2] The applicant has advanced a number of grounds in support of its application for
leave to appeal, which grounds were further expanded upon in its written
submissions.
[3] I have considered the grounds advanced for leave to appeal, the written
submissions filed, the nature of the proceedings before this Court, and the
reasoning contained in the main judgment. The issues relied upon in the present
application were fully ventilated and comprehensively addressed in the main
judgment. There is accordingly no need to restate or revisit those findings in this
judgment. Contrary to the applicant’s contention, there no conflicting legal
principles on this issue.
[4] In the circumstances, the application fails to meet the threshold required for the
granting of leave to appeal.
[5] In the premises, the following order is made:
Order
1. The application for leave to appeal is dismissed.
____________________
M. Makhura
Judge of the Labour Court of South Africa