Maraba and Others v Tshwane University of Technology (JS1032/12) [2019] ZALCJHB 308 (5 November 2019)

Maraba and Others v Tshwane University of Technology (JS1032/12) [2019] ZALCJHB 308 (5 November 2019)

The court found that, after considering the grounds for leave to appeal and the applicable legal principles, there was nothing to persuade it that the Labour Appeal Court would overturn its decision. The application did not meet the statutory test for leave to appeal under section 17 of the Superior Courts Act, as there was no reasonable prospect of success or compelling reason for the appeal to be heard. The purpose of expeditious resolution of labour disputes would be undermined by granting leave in this instance.

Citation
[2019] ZALCJHB 308
Parties
Applicant: Paul Maraba and 2 Others; Respondent: Tshwane University of Technology
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 November 2019
Case Number
JS1032/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed.
Judges
S Mabaso
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Expeditious Resolution of Labour Disputes
Labour Law Leave to Appeal Reasonable Prospect of Success Expeditious Resolution of Labour Disputes

Case Brief

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Parties

Paul Maraba and 2 Others

Applicant

Tshwane University of Technology

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the application for leave to appeal meets the statutory test under section 17 of the Superior Courts Act.
  2. 2 Whether there is a reasonable prospect that the Labour Appeal Court would overturn the decision of the Labour Court.

Ratio Decidendi

The court found that, after considering the grounds for leave to appeal and the applicable legal principles, there was nothing to persuade it that the Labour Appeal Court would overturn its decision. The application did not meet the statutory test for leave to appeal under section 17 of the Superior Courts Act, as there was no reasonable prospect of success or compelling reason for the appeal to be heard. The purpose of expeditious resolution of labour disputes would be undermined by granting leave in this instance.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.