Impala Bafokebg Resources (Pty) Ltd v National Union of Mineworkers and Others (J1774/23) [2024] ZALCJHB 31 (7 February 2024)
- Citation
- [2024] ZALCJHB 31
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Prinsloo
- Case number
- J1774/23
More details
- Court
- Labour Court Johannesburg
- Panel
- Prinsloo
- Case number
- J1774/23
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the order issued was interim in nature, with a return date set for further proceedings, and did not constitute a final judgment or order. As section 166(1) of the Labour Relations Act only permits appeals against final judgments or orders, the interim order is not appealable. Consequently, the application for leave to appeal does not meet the statutory requirements and must be dismissed.
Court disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
02
Material facts
Parties
Impala Bafokeng Resources (Pty) Ltd
ApplicantNational Union of Mineworkers
RespondentIndividuals listed in Annexure 'A' to the Notice of Motion
RespondentIndividuals listed in Annexure 'B' to the Notice of Motion
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Against Interim Order
04
Questions and positions
Legal issues
- 01
Whether the interim order issued by the Labour Court is appealable under section 166(1) of the Labour Relations Act.
- 02
Whether the application for leave to appeal meets the statutory requirements for appealability.
Party arguments
- Applicant
- The application for leave to appeal was unopposed. The applicant did not submit any arguments against the application.
- Respondent
- The respondents sought leave to appeal the interim order, contending that there were grounds for appeal. However, the merits of the application were not finally decided and no final judgment or order was granted.
05
Court’s reasoning
Legal principles
- 01
Section 166(1) Labour Relations Act No. 66 of 1995
There is no automatic right of appeal against a judgment of the Labour Court; leave to appeal is required only in respect of final judgments or orders.
- 02
Woolworths Ltd v Matthews [1999] 3 BLLR 288 (LC)
An applicant for leave to appeal must satisfy the court that there is a reasonable prospect that another court could come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the order issued was interim in nature, with a return date set for further proceedings, and did not constitute a final judgment or order. As section 166(1) of the Labour Relations Act only permits appeals against final judgments or orders, the interim order is not appealable. Consequently, the application for leave to appeal does not meet the statutory requirements and must be dismissed.
Obiter and limits
- Section 166(1) of the Labour Relations Act is clear in limiting appealability to final judgments or orders.
- The merits of the application remain undecided until the return date, confirming the interim nature of the order.
Court disposition
Application for leave to appeal dismissed.
- The application for leave to appeal is dismissed.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
THE LABOUR COURT OF SOUTH AFRICA. JOHANNESBURG
Not reportable
Case no: J 1774/23
In the matter between:
IMPALA BAFOKENG RESOURCES (PTY) LTD Applicant
And
NATIONAL UNION OF
MINEWORKERS
First Respondent
THE INDIVIDUALS LISTED IN ANNEXURE “A”
TO THE NOTICIE OF MOTION Second
to 2072 Respondent
THE INDIVIDUALS LISTED IN ANNEXURE “B”
TO THE NOTICIE OF MOTION 2073
to 2076 Respondent
Decided: In Chambers
Delivered: 07 February 2024
This judgment was handed down electronically by circulation to the parties' representatives by email. The date for hand-down is deemed
to be on 07 February 2024
JUDGMENT: APPLICATION
FOR LEAVE TO APPEAL
PRINSLOO, J
[1] The Second to 2076th Respondent applied for leave to appeal against an order handed down on 21 December 2023. The application for leave to appeal is
unopposed.
[2] I have considered the grounds for appeal and I do not intend to repeat those herein.
The test for leave to appeal
[3] It is trite that there is no automatic right of appeal against a judgment of the Labour Court. This much is clear from section 166(1)
of the Labour Relations Act[1] (LRA) which provides that any party to any proceedings before the Labour Court may apply for leave to appeal to the Labour Appeal Court against any final judgment or final order of the Labour Court. In order to be entitled to leave to appeal, an applicant in an application for leave to appeal must satisfy this Court that there is a reasonable prospect that another court could come to a different conclusion[2].
[4] Section 166(1) of the LRA makes it clear that a final judgment or order is appealable.
[5] In casu an interim order was issued, with a return date of 18 March 2024. The merits of the application were not finally decided and no final judgment or order was granted. As a result, the provisions of section 166(1) do not apply and the order granted is not appealable.
[6] In the premises, the following order is made:
Order
1. The application for leave to appeal is dismissed.
Connie Prinsloo
Judge of the Labour Court of South Africa
[1] No. 66 of 1995, as amended.
[2] See: Woolworths Ltd v Matthews [1999] 3 BLLR 288 (LC).
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