Legodi and Another v Safety and Security Sectorial Bargaining Council and Others (JR 1082/22) [2023] ZALCJHB 123 (3 May 2023)

Legodi and Another v Safety and Security Sectorial Bargaining Council and Others (JR 1082/22) [2023] ZALCJHB 123 (3 May 2023)

The application for leave to appeal is refused because the Constitutional Court order dated 15 May 2019 rendered the review application res judicata. The grounds for leave to appeal do not establish any reasonable prospects of success, and the applicants are precluded from re-litigating the matter.

Citation
[2023] ZALCJHB 123
Parties
Applicant: Legodi A; Applicant: Leshika J; Respondent: Safety and Security Sectorial Bargaining Council (SSSBC); Respondent: Provincial Commissioner Gauteng: SAPS; Respondent: National Commissioner: SAPS; Respondent: Minister of Safety and Security
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 May 2023
Case Number
JR 1082/22
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application.
Outcome
Application for leave to appeal refused.
Judges
S Swartz
Legal Topics
Leave to Appeal, Res Judicata, Review Application
Labour Law Civil Procedure Leave to Appeal Res Judicata Review Application

Case Brief

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Parties

Legodi A

Applicant

Leshika J

Applicant

Safety and Security Sectorial Bargaining Council (SSSBC)

Respondent

Provincial Commissioner Gauteng: SAPS

Respondent

National Commissioner: SAPS

Respondent

Minister of Safety and Security

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for leave to appeal against the dismissal of the review application has reasonable prospects of success.
  2. 2 Whether the matter is res judicata due to the Constitutional Court order dated 15 May 2019.

Ratio Decidendi

The application for leave to appeal is refused because the Constitutional Court order dated 15 May 2019 rendered the review application res judicata. The grounds for leave to appeal do not establish any reasonable prospects of success, and the applicants are precluded from re-litigating the matter.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused with no order as to costs.