AMCU v Council of Mines of South Africa and Others (JS 611/2016) [2023] ZALCJHB 20 (22 February 2023)
The court found that both the applicant and the first respondent raised important questions of law and that there are compelling reasons for the appeal to be heard. The court was satisfied that the requirements for leave to appeal, as set out in section 17(1)(a)(ii) of the Superior Courts Act, were met. Accordingly,...
Source-derived case information.
- Citation
- [2023] ZALCJHB 20
- Parties
- Applicant: Association of Mineworkers and Construction Union; Respondent: Council of Mines of South Africa; Respondent: National Union of Mineworkers; Respondent: UASA; Respondent: Solidarity
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JS 611/2016
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal is granted. No order as to costs.
- Judges
- Prinsloo
- Legal Topics
- Leave to Appeal, Reasonable Prospects of Success, Compelling Reason for Appeal, Superior Courts Act
Source-derived case record
Summary, issues, holding and outcome
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Parties
Association of Mineworkers and Construction Union
Applicant
Council of Mines of South Africa
Respondent
National Union of Mineworkers
Respondent
UASA
Respondent
Solidarity
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the applicants have demonstrated reasonable prospects of success on appeal.
- 2 Whether there are compelling reasons for the appeal to be heard as contemplated by section 17(1)(a)(ii) of the Superior Courts Act.
Ratio Decidendi
The court found that both the applicant and the first respondent raised important questions of law and that there are compelling reasons for the appeal to be heard. The court was satisfied that the requirements for leave to appeal, as set out in section 17(1)(a)(ii) of the Superior Courts Act, were met. Accordingly, leave to appeal was granted.
Court Disposition
Leave to appeal is granted. No order as to costs.
Orders
- Leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: JS 611/2016
In the matter between:
ASSOCIATION OF MINEWORKERS AND
CONSTRUCTION UNION Applicant
and
COUNCIL OF MINES OF SOUTH AFRICA First Respondent
NATIONAL UNION OF MINEWORKERS Second Respondent
UASA Third
Respondent
SOLIDARITY Fourth
Respondent
Decided: In Chambers
Delivered: 22 February 2023
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
PRINSLOO J,
[1] The Applicant and the First Respondent respectively filed an application for leave to appeal against the judgment and order of this Court handed down on 25 January 2023.
[2] I have considered the grounds for appeal as raised by the Applicant and the First Respondent.
[3] It is trite that to be entitled to leave to appeal, an applicant in the application for leave to appeal must satisfy this Court that it has reasonable prospects of success on appeal and that based on the facts and the law another court would arrive at a conclusion different than the one reached by the Court a quo. Appeals should be limited to matters where there is a reasonable prospect that the factual matrix could receive a different treatment of where there is some legitimate dispute on the law.
[4] Section 17(1)(a)(ii) of the Superior Courts Act[1] provides that leave to appeal may be granted if there is a compelling reason why the appeal should be heard. In casu important questions of law are raised that requires the appeal to be heard.
[5] In my view this is a case where the appeal should be heard.
Order
[6] I therefore make the following order:
1. Leave to appeal is granted.
2. There is no order as to costs.
Connie Prinsloo
Judge of the Labour Court of South Africa
[1] Act 10 of 2013.