Kesolofetse and Others v Impala Platinum Beperk (862/2004) [2006] ZANWHC 41 (8 June 2006)

Kesolofetse and Others v Impala Platinum Beperk (862/2004) [2006] ZANWHC 41 (8 June 2006)

The court found that the applicants failed to provide any factual foundation for their claim of discrimination. No higher-paid employee was identified, and there was a complete lack of information regarding the procedures applicable to higher-paid employees for amending bank details. Consequently, the court held that there is no reasonable prospect that another court would reach a different conclusion, and the application for leave to appeal was dismissed with costs.

Citation
[2006] ZANWHC 41
Parties
Applicant: T Kesolofetse; Applicant: I F Motladi; Applicant: A G Fourie BK h/a Cash for Cash Financial Services; Respondent: Impala Platinum Beperk
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
8 June 2006
Case Number
862/2004
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment in Main Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
A A Landman
Legal Topics
Employment Discrimination, Leave to Appeal, Bank Details Amendment
Labour Law Employment Discrimination Leave to Appeal Bank Details Amendment

Case Brief

Summary, issues, holding and outcome

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Parties

T Kesolofetse

Applicant

I F Motladi

Applicant

A G Fourie BK h/a Cash for Cash Financial Services

Applicant

Impala Platinum Beperk

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment in Main Application

Legal Issues

  1. 1 Whether the applicants have shown sufficient grounds for leave to appeal against the judgment in the main application.
  2. 2 Whether the respondent discriminated between lower-paid employees subject to the clock card system and higher-paid employees regarding the amendment of bank details.

Ratio Decidendi

The court found that the applicants failed to provide any factual foundation for their claim of discrimination. No higher-paid employee was identified, and there was a complete lack of information regarding the procedures applicable to higher-paid employees for amending bank details. Consequently, the court held that there is no reasonable prospect that another court would reach a different conclusion, and the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.