Manwatha v Transnet SOC Ltd and Others (JR 2426/15) [2019] ZALCJHB 46 (5 March 2019)
- Citation
- [2019] ZALCJHB 46
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- GN Moshoana
- Case number
- JR 2426/15
More details
- Court
- Labour Court Johannesburg
- Panel
- GN Moshoana
- Case number
- JR 2426/15
On this page
Professional case brief
Research organized from the available case record
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
ApplicantTransnet SOC Ltd
RespondentTransnet Bargaining Council
RespondentDavid Smith N.O
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether the applicant has satisfied the test for leave to appeal.
- 02
Whether there are reasonable prospects that another court may reach a different conclusion.
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
Legal principles
- 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 reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
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
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