Matatiele Local Municipality v Shaikh and Others (D392/2015) [2016] ZALCD 1 (10 February 2016)

Matatiele Local Municipality v Shaikh and Others (D392/2015) [2016] ZALCD 1 (10 February 2016)

The court found that, in light of conflicting decisions on the relevant legal issue and the submissions made, there are reasonable prospects of success on appeal. Accordingly, leave to appeal is granted.

Citation
[2016] ZALCD 1
Parties
Applicant: Matatiele Local Municipality; Respondent: Rashida Shaikh (Karrim); Respondent: South African Local Government Bargaining Council; Respondent: Commissioner Mxolisi Alex Nosigqwaba
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
10 February 2016
Case Number
D392/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal granted.
Judges
AC Basson
Legal Topics
Leave to Appeal, Prospects of Success, Conflicting Decisions
Labour Law Leave to Appeal Prospects of Success Conflicting Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Matatiele Local Municipality

Applicant

Rashida Shaikh (Karrim)

Respondent

South African Local Government Bargaining Council

Respondent

Commissioner Mxolisi Alex Nosigqwaba

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the judgment handed down on 1 December 2015.
  2. 2 Whether the existence of conflicting decisions warrants the granting of leave to appeal.

Ratio Decidendi

The court found that, in light of conflicting decisions on the relevant legal issue and the submissions made, there are reasonable prospects of success on appeal. Accordingly, leave to appeal is granted.

Court Disposition

Application for leave to appeal granted.

Orders

  • The application for leave to appeal is granted.
  • Costs of the application for leave to appeal shall be costs in the appeal.