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South Africa Ruling

Labour Court Johannesburg

Manwatha v Transnet SOC Ltd and Others (JR 2426/15) [2019] ZALCJHB 46 (5 March 2019)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the applicant failed to transcribe the ex tempore judgment and did not deliver written submissions, which made it difficult to determine the merits of the application. Upon considering the grounds for leave to appeal, the court concluded that there were no reasonable prospects that another court would reach a different conclusion. Accordingly, the application for leave to appeal was refused.

Court disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is hereby refused.

02

Material facts

Parties

Tshifiwa Lisbeth Manwatha

Applicant

Transnet SOC Ltd

Respondent

Transnet Bargaining Council

Respondent

David Smith N.O

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought leave to appeal against the whole order and judgment delivered on 11 October 2018. The applicant did not transcribe the ex tempore judgment and failed to deliver written submissions, making it difficult for the court to assess the merits of the application.
Respondent
No written submissions were delivered by the respondents and no appearances were made. The respondents did not actively oppose the application for leave to appeal.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act, 10 of 2013

    Leave to appeal will only be granted if there are reasonable prospects that another court may come to a different conclusion.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicant failed to transcribe the ex tempore judgment and did not deliver written submissions, which made it difficult to determine the merits of the application. Upon considering the grounds for leave to appeal, the court concluded that there were no reasonable prospects that another court would reach a different conclusion. Accordingly, the application for leave to appeal was refused.

Court disposition

Application for leave to appeal refused.

  • The application for leave to appeal is hereby refused.

Source and reliance status

Labour Court Johannesburg

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Judgment text

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Source document

Labour Court Johannesburg

Ruling

[2019] ZALCJHB 46

the labour court of South Africa, JOHANNESBURG

Not Reportable

case no: JR 2426/15

In the matter between:

TSHIFIWA LISBETH

MANWATHA

Applicant

and

TRANSNET

SOC LTD

First Respondent

TRANSNET

BARGAINING COUNCIL

Second Respondent

DAVID SMITH N. O

Third Respondent

Heard: In Chambers

Delivered: 05 March 2019

Summary: Application for leave to appeal – Test not satisfied – application refused

JUDGMENT– LEAVE TO APPEAL

MOSHOANA, J

Introduction

[1] This is an application for leave to appeal against the whole order and judgment of this court handed down on 11 October 2018. The applicant failed to transcribe the judgment given ex tempore. The applicant also failed deliver written submissions. It was difficult to determine the application without the transcribed ex tempore judgment.

Evaluation

[2] Having considered the grounds for leave to appeal, I come to the conclusion that there are no reasonable prospects that another court may come to a different conclusion.

[3] In the results I make the following orders:

Order

1. The application for leave to appeal is hereby refused.

_______

GN Moshoana

Judge of the Labour Court of South Africa.

Appearances

None

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

Superior Courts Act, 10 of 2013

Legislation

Legislation referenced in the available case record.

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