Matsekoleng v Synergy World Logistics (J780/20) [2025] ZALCJHB 115 (14 March 2025)
The Court found that the grounds for leave to appeal, including the introduction of new facts and the potential wide repercussions of the main judgment on the applicant's career and reputation, constitute compelling reasons for the Labour Appeal Court to hear the appeal. The application for leave to appeal therefore...
Source-derived case information.
- Citation
- [2025] ZALCJHB 115
- Parties
- Applicant: Denga Incorporated; Applicant: Lekabane Gilford Matsekoleng; Respondent: Synergy World Logistics (Pty) Ltd
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J780/20
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Judgment
- Outcome
- Leave to appeal granted to Denga Incorporated against the judgment and order dated 12 February 2025.
- Judges
- M Makhura
- Legal Topics
- Leave to Appeal, Costs De Bonis Propriis, Forfeiture of Fees, Professional Conduct
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denga Incorporated
Applicant
Lekabane Gilford Matsekoleng
Applicant
Synergy World Logistics (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Legal Issues
- 1 Whether leave to appeal should be granted against the costs and fee forfeiture order made against Denga Incorporated.
- 2 Whether new facts raised in the application for leave to appeal warrant reconsideration by the Labour Appeal Court.
- 3 Whether the main judgment has repercussions affecting the career and reputation of Mr Denga and Denga Incorporated.
Ratio Decidendi
The Court found that the grounds for leave to appeal, including the introduction of new facts and the potential wide repercussions of the main judgment on the applicant's career and reputation, constitute compelling reasons for the Labour Appeal Court to hear the appeal. The application for leave to appeal therefore succeeds, and Denga Incorporated is granted leave to appeal the judgment and order dated 12 February 2025.
Court Disposition
Leave to appeal granted to Denga Incorporated against the judgment and order dated 12 February 2025.
Orders
- The application for leave to appeal succeeds.
- Denga Incorporated is granted leave to appeal the judgment of this Court dated 12 February 2025 to the Labour Appeal Court.
Full Case Text
Judgment text and source record
26 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No. J780/20
In the matter between:
DENGA INCORPORATED
Applicant
In re:
LEKABANE GILFORD MATSEKOLENG
Applicant
and
SYNERGY WORLD LOGISTICS (PTY) LTD
Respondent
Heard: In Chambers
Delivered: 14 March 2025
This judgment was handed down electronically by consent of the parties’ representatives by circulation to them via email. The date for hand-down is deemed to be 14 March 2025.
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
MAKHURA, J
[1] On 12 February 2025, this Court handed down judgment in terms of which the applicant in this application for leave to appeal, Denga Incorporated, was ordered to pay de bonis propriis the respondent’s disbursements and/or expenditures, costs of the counsel’s fees and to forfeit any fees charged against its client, the applicant in the main matter, from the inception of the matter to date of the hearing of the revival application and to repay any money that its client paid into its account or paid in any manner for any services rendered from the inception of the matter until the date of the hearing of the revival application.
[2] The applicant brought these proceedings seeking leave to appeal against part of the judgment and order. I have considered the grounds for leave to appeal and noted that new facts have been raised which may need to be reconciled with what is pleaded in the main application and the affidavit filed in response to the Court’s directions, for better, or for worse. I have also considered the contention that the main judgment has wide repercussions which are damaging on Mr Denga and Denga Incorporated, “which ruin[s] their career and reputations”. Based on the above, I am of the view that there are compelling reasons for the Labour Appeal Court to hear the appeal.
[3] In the premises, the following order is made:
Order:
1. The application for leave to appeal succeeds.
2. Denga Incorporated is granted leave to appeal the judgment of this Court dated 12 February 2025 to the Labour Appeal Court.
M. Makhura
Judge of the Labour Court of South Africa