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South Africa Ruling

Labour Court Johannesburg

Makau v Commission for Conciliation, Mediation and Arbitration and Others (Application for Leave to Appeal) (JR1503/22) [2025] ZALCJHB 308 (24 July 2025)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court considered the grounds advanced by the third respondent for leave to appeal and applied the test under section 17(1) of the Superior Court Act. The judge found that the appeal does not have reasonable prospects of success, and there are no conflicting judgments or compelling reasons warranting leave to appeal. Accordingly, the application for leave to appeal is dismissed.

Court disposition

Application for leave to appeal dismissed.

Orders

  • The third respondent’s application for leave to appeal is dismissed.

02

Material facts

Parties

Teboho Victor Makau

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Matshekgga, JN N.O.

Respondent

Companies and Intellectual Property Commission (CIPC)

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant maintains that the judgment correctly found the dismissal to be substantively unfair, and that the grounds for leave to appeal do not meet the statutory threshold under section 17(1) of the Superior Court Act.
Respondent
The third respondent argues that the judgment is susceptible to appeal, asserting that there are prospects of success and/or compelling reasons for the matter to be reconsidered, including possible conflicting judgments.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Court Act 10 of 2013

    Leave to appeal may only be granted if the judge is of the opinion that the appeal would have a reasonable prospect of success or there is some other compelling reason, such as conflicting judgments, for the appeal to be heard.

06

Ratio, limits and disposition

Ratio decidendi

The court considered the grounds advanced by the third respondent for leave to appeal and applied the test under section 17(1) of the Superior Court Act. The judge found that the appeal does not have reasonable prospects of success, and there are no conflicting judgments or compelling reasons warranting leave to appeal. Accordingly, the application for leave to appeal is dismissed.

Obiter and limits

  • The matter does not raise any arguable point of law.
  • There are no conflicting judgments on any of the issues considered and decided in the judgment.

Court disposition

Application for leave to appeal dismissed.

  • The third respondent’s application for leave to appeal is dismissed.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Ruling

[2025] ZALCJHB 308

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case No. JR1503/22

In the matter between:

TEBOHO

VICTOR MAKAU

Applicant

and

COMMISSION FOR CONCILIATION,

MEDIATION

AND ARBITRATION

First Respondent

MATSHEKGA, JN N.O.

Second Respondent

COMPANIES

AND INTELLECTUAL

PROPERTY COMMISSION (CIPC)

Third Respondent

Heard: In Chambers

Delivered: 24 July 2025

JUDGMENT: APPLICATION

FOR LEAVE TO APPEAL

MAKHURA, J

[1] This is an application brought by the third respondent for leave to appeal the whole of the judgment and order of this Court handed down on 17 June 2025, in which this Court granted the review application, substituted the award with an order declaring the applicant’s dismissal substantively unfair, ordering reinstatement and payment of backpay.

[2] I have read the grounds upon which the third respondent seeks leave to appeal the judgment. I have reflected on the judgment and considered the test for leave to appeal as set out under section 17(1) of the Superior Court Act (SC Act).[1] I am not persuaded that the appeal would have prospects of success. Further, there are no conflicting judgments on any of the issues

considered and decided in the judgment and the matter does not raise any arguable point of law. The application for leave to appeal stands to fail.

[3] In the premises, the following order is made:

Order

1. The third respondent’s application for leave to appeal is dismissed.

M. Makhura

Judge of the Labour Court of South Africa

[1] Act 10 of 2013. Section 17(1) provides that: “Leave to appeal may only be given where the judge or judges concerned are of the opinion that – (a) (i) the appeal would have a reasonable prospect of success; or (ii) there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under

consideration;…”

[1] Act 10 of 2013. Section 17(1) provides that: “Leave to appeal may only be given where the judge or judges concerned are of the opinion that –

(a) (i) the appeal would have a reasonable prospect of success; or

(ii) there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under

consideration;…”

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Court Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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