Minister of Rural Development and Land Reform v Public Servants Association and Others (J836/12; JR602/12) [2018] ZALCJHB 404 (4 December 2018)
The court considered the submissions made by the applicant and found that there are reasonable prospects of success on appeal. As the respondents did not file substantive submissions, the court was satisfied that the requirements for granting leave to appeal were met. Accordingly, leave to appeal was granted and...
Source-derived case information.
- Citation
- [2018] ZALCJHB 404
- Parties
- Applicant: Minister of Rural Development and Land Reform; Respondent: Public Servants Association; Respondent: Jongikhaya A George; Respondent: Zumaxolo Mgulwa; Respondent: Lonwabo B Ntshebe; Respondent: Thilivhali Tshinyani
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J836/12; JR602/12
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Judgment
- Outcome
- Leave to appeal granted.
- Judges
- Lallie
- Legal Topics
- Leave to Appeal, Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Rural Development and Land Reform
Applicant
Public Servants Association
Respondent
Jongikhaya A George
Respondent
Zumaxolo Mgulwa
Respondent
Lonwabo B Ntshebe
Respondent
Thilivhali Tshinyani
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal.
- 2 Whether leave to appeal should be granted.
Ratio Decidendi
The court considered the submissions made by the applicant and found that there are reasonable prospects of success on appeal. As the respondents did not file substantive submissions, the court was satisfied that the requirements for granting leave to appeal were met. Accordingly, leave to appeal was granted and costs were ordered to be costs in the appeal.
Court Disposition
Leave to appeal granted.
Orders
- The application for leave to appeal is granted.
- Costs to be costs in the appeal.
Full Case Text
Judgment text and source record
32 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: J836/12 & JR602/12
In the matter between:
THE MINISTER OF RURAL DEVELOPMENT
AND LAND REFORM
Applicant
and
PUBLIC SERVANTS ASSOCIATION
First Respondent
JONGIKHAYA A GEORGE Second
Respondent
ZUMAXOLO MGULWA
Third Respondent
LONWABO B NTSHEBE Fourth
Respondent
THILIVHALI TSHINYANI
Fifth Respondent
Decided: In Chambers
Judgment: 4 December 2018
JUDGMENT-APPLICATION FOR LEAVE TO APPEAL
LALLIE, J
[1] The applicant filed an application for leave to appeal against the whole of the judgment handed down by this court on 9 June 2017. The respondents filed a notice of intention to oppose only but no submissions.
[2] I have carefully considered the submissions filed by the applicant. I am of the view that the applicant has prospects of success on appeal.
[3] I accordingly make the following order.
Order
1. The application for leave to appeal is granted.
2. Costs to be costs in the appeal.
Lallie J
Judge of the Labour Court of South Africa
For the Applicant: The State Attorney
For the Respondents: Thabang Ntsebe Attorneys