APCAN Risk Management v DETAWU obo Rankankane and Others (JR399/18) [2019] ZALCJHB 130 (7 June 2019)
The Court applied section 17 of the Superior Courts Act, assessing whether the appeal would have reasonable prospects of success or if there was another compelling reason for it to be heard. The Court determined that the judgment under challenge is not beyond legitimate controversy and that another court may...
Source-derived case information.
- Citation
- [2019] ZALCJHB 130
- Parties
- Applicant: APCAN Risk Management; Respondent: DETAWU obo Rankankane and 3 Others; Respondent: Donald Kgalake Nkadimeng; Respondent: Commission for Conciliation, Mediation and Arbitration held at Polokwane
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR399/18
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal granted.
- Judges
- G. F. Malan
- Legal Topics
- Leave to Appeal, Prospects of Success, Superior Courts Act Section 17
Source-derived case record
Summary, issues, holding and outcome
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Parties
APCAN Risk Management
Applicant
DETAWU obo Rankankane and 3 Others
Respondent
Donald Kgalake Nkadimeng
Respondent
Commission for Conciliation, Mediation and Arbitration held at Polokwane
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
- 2 Whether there is a compelling reason for the appeal to be heard under section 17 of the Superior Courts Act.
Ratio Decidendi
The Court applied section 17 of the Superior Courts Act, assessing whether the appeal would have reasonable prospects of success or if there was another compelling reason for it to be heard. The Court determined that the judgment under challenge is not beyond legitimate controversy and that another court may reasonably reach a different conclusion. Accordingly, the application for leave to appeal was granted.
Court Disposition
Leave to appeal granted.
Orders
- The application for leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
34 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: JR339/18
In the matter between:
APCAN RISK MANAGEMENT Applicant
and
DETAWU OBO RANKANKANE AND 3 OTHERS First
Respondent
DONALD KGALAKE NKADIMENG
Second Respondent
COMMISSION FOR CONCILIATION
MEDIATION AND ARBITRATION HELD AT POLOKWANE Third Respondent
Decided: In chambers
Delivered: 07 June 2019
JUDGEMENT: APPLICATION FOR LEAVE TO APPEAL
MALAN. AJ
Introduction
[1] This is an unopposed application for leave to appeal against a judgment of this Court handed down on 8 February 2019.
[2] The Superior Courts Act[1] has, in section 17 thereof, defined the test to be applied in deciding whether to grant leave to appeal:
“Leave to appeal may only be given where the judge or judges concerned are of the opinion that –
(a) (i) the appeal would have a reasonable prospect of success; or
(ii) there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration;
(b) the decision sought on appeal does not fall within the ambit of section 16(2) (a); and
(c) where the decision sought to be appealed does not dispose of all the issues in the case, the appeal would lead to just and prompt resolution of the real issues between the parties.”
[3] The test to be applied is therefore a form of merit assessment in relation to the prospects of success that the prospective appellant would enjoy in appeal proceedings. For purposes of its assessment in this regard the Court may not rely on any preconceived notions of the merits arising from its original assessment of the application as it served before the Court but must approach the matter from a fresh perspective and with the sole intent of assessing the prospects that a different court may reasonably come to a different conclusion on the matter.
[4] The Court has given due consideration to the various arguments raised in support of the application for leave to appeal.
[5] The Court is persuaded that the approach adopted by the Court in relation to the judgment that is the subject matter of this application is not beyond challenge and that a degree of legitimate controversy may exist in relation to the judgment. The appeal would therefore have reasonable prospects of success. The Court is therefore satisfied that the application for leave to appeal should be granted and orders as follows:
Order
1. The application for leave to appeal is granted.
2. There is no order as to costs.
__________________
G. F. Malan
Acting Judge of the Labour Court of South Africa
[1] Act 10 of 2013.