Mangaung Metropolitan Municipality v IMATU obo Dolphin and Others (120/2017) [2019] ZALCJHB 333 (1 October 2019)
The court found, after considering the grounds for leave to appeal and applying the established test, that the applicant failed to demonstrate any reasonable prospect that another court would reach a different conclusion. No compelling reasons were presented to justify granting leave to appeal. Accordingly, the...
Source-derived case information.
- Citation
- [2019] ZALCJHB 333
- Parties
- Applicant: Mangaung Metropolitan Municipality; Respondent: IMATU obo Cavin Dolphin; Respondent: Sello Mophakino; Respondent: South African Local Government Bargaining Council
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 120/2017
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation for Rescission.
- Outcome
- Application for leave to appeal dismissed.
- Judges
- T Ntshebe
- Legal Topics
- Leave to Appeal, Condonation, Rescission Application, Reasonable Prospect of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mangaung Metropolitan Municipality
Applicant
IMATU obo Cavin Dolphin
Respondent
Sello Mophakino
Respondent
South African Local Government Bargaining Council
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation for Rescission.
Legal Issues
- 1 Whether the applicant has demonstrated reasonable prospects that another court would reach a different conclusion.
- 2 Whether there are compelling reasons to grant leave to appeal.
Ratio Decidendi
The court found, after considering the grounds for leave to appeal and applying the established test, that the applicant failed to demonstrate any reasonable prospect that another court would reach a different conclusion. No compelling reasons were presented to justify granting leave to appeal. Accordingly, the application for leave to appeal was dismissed.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
case no: 120/2017
In the matter between:
MANGAUNG METROPOLITAN MUNICIPALITY
Applicant
and
IMATU OBO CAVIN DOLPHIN
First Respondent
SELLO MOPHAKINO
Second Respondent
SOUTH AFRICAN LOCAL GOVERNMENT Third Respondent
BARGAINING COUNCIL
Decided: In Chambers
Delivered: October 2019
JUDGMENT- APPLICATION FOR LEAVE TO APPEAL
NTSHEBE, AJ
[1] In this application, the applicant seeks leave to appeal an order in respect of a judgment handed down by this Court on 22 May 2019.
[2] In the judgment, the condonation application in respect of the rescission application was dismissed with no order as to costs.
[3] I have perused the grounds for leave to appeal as submitted by the applicant. I do not intend to deal with each of the grounds of appeal separately.
[4] The test for granting leave to appeal requires the court to be satisfied that there is more than simply a possibility that another court may decide the matter differently[1]. In order to succeed with its application for leave to appeal, an applicant must convince the court that there is a reasonable prospect that another court would come to a different conclusion to that of the court a quo.
[5] In my view after careful consideration of the applicant's stated grounds for leave to appeal and the test regarding the application for leave to appeal, there is nothing that persuades me that any appeal would have a reasonable prospect of success.
[6] There are no other compelling reasons why leave to appeal should be granted.
[7] Therefore, I make the following order:
Order:
1. The application for leave to appeal is dismissed.
_________________________
T. Ntshebe
Acting Judge of the Labour Court of South Africa
[1] See: Gxolo v Harmony Gold Mine (Pty) Ltd and Another [2018] 8 BLLR 794 (LC).