Kekana v Education Labour Relations Council and Another (2023/04447) [2024] ZAGPPHC 152 (19 February 2024)

Kekana v Education Labour Relations Council and Another (2023/04447) [2024] ZAGPPHC 152 (19 February 2024)

The court held that it is not competent for the High Court to reconsider or sit as an appeal court over matters already decided by the Labour Court, Labour Appeal Court, and Constitutional Court. The appellant had exhausted all available remedies in those courts, and his attempt to relitigate the same issues in the...

Source-derived case information.

Citation
[2024] ZAGPPHC 152
Parties
Appellant: Samuel Sello Kekana; Respondent: Education Labour Relations Council; Respondent: Gauteng Department of Education
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 February 2024
Case Number
2023/04447
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against High Court Order Removing Matter From Roll
Outcome
Application for leave to appeal refused; no order as to costs.
Judges
RB Mkhabela
Legal Topics
Jurisdiction of High Court, Abuse of Process, Leave to Appeal, Employment of Educators Act
Labour Law Civil Procedure Jurisdiction of High Court Abuse of Process Leave to Appeal Employment of Educators Act

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Summary, issues, holding and outcome

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Parties

Samuel Sello Kekana

Appellant

Education Labour Relations Council

Respondent

Gauteng Department of Education

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against High Court Order Removing Matter From Roll

Legal Issues

  1. 1 Does the High Court have jurisdiction to hear an application previously refused by the Labour Appeal Court and Constitutional Court?
  2. 2 Is the appellant entitled to leave to appeal the order removing his application from the roll?
  3. 3 Has the appellant abused the court process by repeatedly instituting proceedings on the same matter?

Ratio Decidendi

The court held that it is not competent for the High Court to reconsider or sit as an appeal court over matters already decided by the Labour Court, Labour Appeal Court, and Constitutional Court. The appellant had exhausted all available remedies in those courts, and his attempt to relitigate the same issues in the High Court amounted to an abuse of process. The court found no merit in the application for leave to appeal its previous order removing the matter from the roll, as the order was a nullity given the lack of jurisdiction. The appellant's allegations of foul play were unfounded and condemned by the court.

Court Disposition

Application for leave to appeal refused; no order as to costs.

Orders

  • The application for leave to appeal the order removing the opposed application on 19 July 2023 is refused given its nullity.
  • There is no order as to costs.