Langa and Others v Imperial Cargo (JS941/16) [2018] ZALCJHB 5 (10 January 2018)

Langa and Others v Imperial Cargo (JS941/16) [2018] ZALCJHB 5 (10 January 2018)

The application for leave to appeal was made within the prescribed time and complied with procedural requirements. The grounds advanced by the applicants did not raise any new issues and merely repeated arguments already considered and addressed in the original judgment. Upon careful consideration, the court found no reasonable prospect that another court would reach a different conclusion, nor any compelling reason to grant leave to appeal. The statutory imperative for expeditious resolution of labour disputes further militates against granting leave in the absence of a legitimate dispute on law or fact. As the application was unopposed and no new grounds were raised, the application for...

Citation
[2018] ZALCJHB 5
Parties
Applicant: Kepp Buti Langa and 36 Others; Respondent: Imperial Cargo
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 January 2018
Case Number
JS941/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Main Application
Outcome
Application for leave to appeal dismissed.
Judges
F Coetzee
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Costs Order, Superior Courts Act, Labour Relations Act
Labour Law Leave to Appeal Reasonable Prospect of Success Costs Order Superior Courts Act Labour Relations Act

Case Brief

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Parties

Kepp Buti Langa and 36 Others

Applicant

Imperial Cargo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Main Application

Legal Issues

  1. 1 Whether the application for leave to appeal was made timeously and in accordance with Rule 30(2).
  2. 2 Whether the grounds for leave to appeal demonstrate a reasonable prospect of success as required by section 17 of the Superior Courts Act.
  3. 3 Whether there are any compelling reasons for granting leave to appeal.

Ratio Decidendi

The application for leave to appeal was made within the prescribed time and complied with procedural requirements. The grounds advanced by the applicants did not raise any new issues and merely repeated arguments already considered and addressed in the original judgment. Upon careful consideration, the court found no reasonable prospect that another court would reach a different conclusion, nor any compelling reason to grant leave to appeal. The statutory imperative for expeditious resolution of labour disputes further militates against granting leave in the absence of a legitimate dispute on law or fact. As the application was unopposed and no new grounds were raised, the application for...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.