Khosa and Another v South African Police Service and Others (JR1249/07) [2011] ZALCJHB 263 (14 April 2011)

Khosa and Another v South African Police Service and Others (JR1249/07) [2011] ZALCJHB 263 (14 April 2011)

The court considered the written submissions and the judgment delivered on 2 February 2011. Applying the test under section 166 of the Labour Relations Act, the court found that the applicant had established reasonable prospects that another court may reach a different conclusion. Accordingly, leave to appeal to the Labour Appeal Court was granted.

Citation
[2011] ZALCJHB 263
Parties
Applicant: Louis Sikhetso Khosa; Applicant: Elias Kabishi Malatji; Respondent: South African Police Service; Respondent: Denga Mulima N.O.; Respondent: Safety & Security Sectorial Bargaining Council
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 April 2011
Case Number
JR1249/07
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal to the Labour Appeal Court is granted. Costs will be costs in the appeal.
Judges
Molahlehi
Legal Topics
Leave to Appeal, Review Application, Reasonable Prospects, Costs Order
Labour Law Leave to Appeal Review Application Reasonable Prospects Costs Order

Case Brief

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Parties

Louis Sikhetso Khosa

Applicant

Elias Kabishi Malatji

Applicant

South African Police Service

Respondent

Denga Mulima N.O.

Respondent

Safety & Security Sectorial Bargaining Council

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted against the dismissal of the review application.
  3. 3 Whether costs should follow the result in the appeal.

Ratio Decidendi

The court considered the written submissions and the judgment delivered on 2 February 2011. Applying the test under section 166 of the Labour Relations Act, the court found that the applicant had established reasonable prospects that another court may reach a different conclusion. Accordingly, leave to appeal to the Labour Appeal Court was granted.

Court Disposition

Leave to appeal to the Labour Appeal Court is granted. Costs will be costs in the appeal.

Orders

  • Leave to appeal to the Labour Appeal Court is granted.
  • Costs shall be costs in the appeal.