Bidvest Protea Coin v PTAWU and Others (Application for Leave to Appeal) (JR1471/21) [2025] ZALCJHB 187 (13 May 2025)
The Court found that the applicant failed to demonstrate that the appeal would have reasonable prospects of success or that there are compelling reasons for the Labour Appeal Court to consider the matter. The grounds advanced by the applicant amounted to mere disagreement with the judgment and did not meet the...
Source-derived case information.
- Citation
- [2025] ZALCJHB 187
- Parties
- Applicant: Bidvest Protea Coin (Pty) Ltd; Respondent: PTAWU; Respondent: Makhola, Winnie Mokgadi; Respondent: Abner Chokwe N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR1471/21
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
- Outcome
- Application for leave to appeal dismissed.
- Judges
- M Makhura
- Legal Topics
- Leave to Appeal, Review of Arbitration Award, Prospects of Success, Section 17 Superior Courts Act
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bidvest Protea Coin (Pty) Ltd
Applicant
PTAWU
Respondent
Makhola, Winnie Mokgadi
Respondent
Abner Chokwe N.O.
Respondent
Commission for Conciliation, Mediation and Arbitration
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Legal Issues
- 1 Whether the applicant has satisfied the requirements for leave to appeal under section 17 of the Superior Courts Act.
- 2 Whether there are reasonable prospects of success or compelling reasons for the Labour Appeal Court to consider the appeal.
Ratio Decidendi
The Court found that the applicant failed to demonstrate that the appeal would have reasonable prospects of success or that there are compelling reasons for the Labour Appeal Court to consider the matter. The grounds advanced by the applicant amounted to mere disagreement with the judgment and did not meet the statutory threshold for leave to appeal. The Court was satisfied that its findings regarding the nature of the charge, the impact of the misconduct, the sanction, and reinstatement were correct and that the applicant did not identify any error in the application of the review test. Accordingly, the application for leave to appeal was dismissed.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
31 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No. JR1471/21
In the matter between:
BIDVEST PROTEA COIN (PTY) LTD
Applicant
and
PTAWU
First Respondent
MAKHOLA, WINNIE MOKGADI
Second Respondent
ABNER CHOKWE N.O.
Third Respondent
COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION
Fourth Respondent
Heard: In Chambers
Delivered: 13 May 2025
This judgment was handed down electronically by consent of the parties’ legal representatives by circulation to them via email. The date for hand-down is deemed to be 13 May 2025.
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
MAKHURA, J
[1] On 14 March 2025, this Court handed down a judgment dismissing the applicant’s review application. The applicant has now filed an application for leave to appeal against the whole of the judgment and order. The first and second respondents oppose the application.
[2] The applicant seeks to challenge the findings of this Court made in paragraphs 16 to 19 of the judgment. These paragraphs dealt with the nature of the charge, the impact or less thereof of the misconduct on its operations, sanction and reinstatement. The applicant then sets out what it believes the Court ought to have found.
[3] The test applicable to an application for review of an arbitration award is trite. The applicant does not complain that the Court applied the test incorrectly. To obtain leave to appeal, the applicant must satisfy the test set out in section 17 of the Superior Court Act[1]. It must show that the appeal would have prospects of success or that there are compelling reasons for the higher court to consider the appeal. Mere unhappiness with the judgment is not sufficient. Having considered the grounds upon which leave to appeal is sought, I am not persuaded that the appeal would have prospects of success. There are no compelling reasons to burden the Labour Appeal Court with this matter. The application for leave to appeal stands to fail.
[4] 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
[1] Act 10 of 2013.