Don't Waste Shared Services (Pty) Ltd and Others v Compensation Fund and Others (38343/2022) [2023] ZAGPPHC 1772 (9 October 2023)

Don't Waste Shared Services (Pty) Ltd and Others v Compensation Fund and Others (38343/2022) [2023] ZAGPPHC 1772 (9 October 2023)

The court found that the Applicants had demonstrated reasonable prospects of success on appeal regarding the interpretation and application of section 91 of COIDA as an internal remedy under PAJA. The Applicants also advanced compelling reasons in terms of section 17(1)(a)(ii) of the Superior Courts Act. Consequently, leave to appeal to the Full Bench was granted. The Respondents were ordered to pay the costs, including the costs of two counsel.

Citation
[2023] ZAGPPHC 1772
Parties
Applicant: Don't Waste Shared Services (Pty) Ltd; Applicant: Don't Waste KZN 1 (Pty) Ltd; Applicant: Don't Waste KZN 2 (Pty) Ltd; Applicant: Don't Waste CTN 1 (Pty) Ltd; Applicant: Don't Waste CTN 2 (Pty) Ltd; Applicant: Don't Waste EC1 (Pty) Ltd; Applicant: Don't Waste GAU 1 (Pty) Ltd; Applicant: Don't Waste GAU 2 (Pty) Ltd; Applicant: Don't Waste GAU 3 (Pty) Ltd; Applicant: Don't Waste GAU 4 (Pty) Ltd; Applicant: Don't Waste GAU 5 (Pty) Ltd; Applicant: Don't Waste GAU 6 (Pty) Ltd; Respondent: Compensation Fund; Respondent: Commissioner of the Compensation Fund; Respondent: Minister of Employment and Labour: TW Mxesi; Respondent: Deputy Minister of Employment and Labour: Boitumelo Moloi; Respondent: Director General, Department of Employment and Labour: Thobile Lamati
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 October 2023
Case Number
38343/2022
Procedural Posture
Leave to Appeal / Leave to Appeal Granted to Full Bench
Outcome
Leave to appeal granted to the Full Bench of the Gauteng Division. Costs awarded against the Respondents, including costs of two counsel.
Judges
Retief
Legal Topics
Promotion of Administrative Justice Act, Internal Remedies, Leave to Appeal, Costs Award
Administrative Law Civil Procedure Promotion of Administrative Justice Act Internal Remedies Leave to Appeal Costs Award

Case Brief

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Parties

Don't Waste Shared Services (Pty) Ltd

Applicant

Don't Waste KZN 1 (Pty) Ltd

Applicant

Don't Waste KZN 2 (Pty) Ltd

Applicant

Don't Waste CTN 1 (Pty) Ltd

Applicant

Don't Waste CTN 2 (Pty) Ltd

Applicant

Don't Waste EC1 (Pty) Ltd

Applicant

Don't Waste GAU 1 (Pty) Ltd

Applicant

Don't Waste GAU 2 (Pty) Ltd

Applicant

Don't Waste GAU 3 (Pty) Ltd

Applicant

Don't Waste GAU 4 (Pty) Ltd

Applicant

Don't Waste GAU 5 (Pty) Ltd

Applicant

Don't Waste GAU 6 (Pty) Ltd

Applicant

Compensation Fund

Respondent

Commissioner of the Compensation Fund

Respondent

Minister of Employment and Labour: TW Mxesi

Respondent

Deputy Minister of Employment and Labour: Boitumelo Moloi

Respondent

Director General, Department of Employment and Labour: Thobile Lamati

Respondent

Procedural Posture

Leave to Appeal / Leave to Appeal Granted to Full Bench

Legal Issues

  1. 1 Whether section 91 of COIDA constitutes an applicable internal remedy for the Applicants under PAJA.
  2. 2 Whether the Applicants have satisfied the requirements for leave to appeal under section 17 of the Superior Courts Act.
  3. 3 Whether the Respondents' classification decisions under COIDA are reviewable under PAJA.

Ratio Decidendi

The court found that the Applicants had demonstrated reasonable prospects of success on appeal regarding the interpretation and application of section 91 of COIDA as an internal remedy under PAJA. The Applicants also advanced compelling reasons in terms of section 17(1)(a)(ii) of the Superior Courts Act. Consequently, leave to appeal to the Full Bench was granted. The Respondents were ordered to pay the costs, including the costs of two counsel.

Court Disposition

Leave to appeal granted to the Full Bench of the Gauteng Division. Costs awarded against the Respondents, including costs of two counsel.

Orders

  • The Second to Twelfth Applicants are granted leave to appeal to the Full Bench of this Division.
  • The Respondents are ordered to pay the costs, which costs to be inclusive of two Counsel.