Kapa v Phundu and Others (JR931/19) [2021] ZALCJHB 366 (6 October 2021)
- Citation
- [2021] ZALCJHB 366
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- G. N. Moshoana
- Case number
- JR931/19
More details
- Court
- Labour Court Johannesburg
- Panel
- G. N. Moshoana
- Case number
- JR931/19
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court considered the grounds advanced for leave to appeal and found that they do not establish reasonable prospects of success. The application fails to demonstrate that another court would likely reach a different conclusion. Accordingly, leave to appeal is refused.
Court disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is refused.
- There is no order as to costs.
02
Material facts
Parties
Grace Kapa
ApplicantCommissioner Paul Phundu
RespondentCommission of Conciliation Mediation and Arbitration
RespondentNetcare Olivedale Hospital
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
Whether the application for leave to appeal has reasonable prospects of success.
Party arguments
- Applicant
- The applicant contends that the judgment delivered on 24 August 2021 was incorrect and that there are reasonable prospects that another court may come to a different conclusion.
- Respondent
- The respondents maintain that the grounds for leave to appeal are without merit and that the application does not raise any compelling reason for reconsideration.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act 10 of 2013
Leave to appeal should only be granted where there are reasonable prospects that another court may come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court considered the grounds advanced for leave to appeal and found that they do not establish reasonable prospects of success. The application fails to demonstrate that another court would likely reach a different conclusion. Accordingly, leave to appeal is refused.
Court disposition
Application for leave to appeal refused.
- The application for leave to appeal is refused.
- There is no order as to costs.
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
Judgment
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: JR 931/19
In the matter between:
GRACE KAPA Applicant
and
COMMISSIONER PAUL PHUNDU First
Respondent
COMMISSION OF CONCILIATION
MEDIATION AND ARBITRATION Second Respondent
NETCARE OLIVEDALE HOSPITAL Third
Respondent
Heard: In Chambers
Delivered: 06 October 2021 (This judgment was handed down electronically by distributing copies thereof to the respective parties. The delivery
date is deemed to be 06 October 2021).
JUDGMENT – APPLICATION FOR
LEAVE TO APPEAL
MOSHOANA, J
[1] This is an application for leave to appeal against the judgment of this court handed down on 24 August 2021.
[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application lacks reasonable prospects of success.
Order
1. The application for leave to appeal is refused.
2. There is no order as to costs.
G. N. Moshoana
Judge of the Labour Court of South Africa
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