Mokotedi v Sishen Iron Ore Company (Pty) Ltd (JS868/17) [2022] ZAGPJHC 75 (7 March 2022)

Mokotedi v Sishen Iron Ore Company (Pty) Ltd (JS868/17) [2022] ZAGPJHC 75 (7 March 2022)

The court held that an order of absolution from the instance is a final order and thus appealable. However, the applicant's grounds for leave to appeal did not meet the requirements of section 17(1)(a) of the Superior Courts Act, 2013, as there were no reasonable prospects of success and no compelling reason for the appeal to be heard. The court cannot reconsider the evidence, as it is functus officio after granting absolution from the instance.

Citation
[2022] ZAGPJHC 75
Parties
Applicant: John Panti Mokotedi; Respondent: Sishen Iron Ore Company (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 March 2022
Case Number
JS868/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Absolution From the Instance
Outcome
Application for leave to appeal refused.
Judges
GN Moshoana
Legal Topics
Absolution From the Instance, Leave to Appeal, Final Orders, Superior Courts Act, Labour Relations Act
Civil Procedure Labour Law Absolution From the Instance Leave to Appeal Final Orders Superior Courts Act Labour Relations Act

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

John Panti Mokotedi

Applicant

Sishen Iron Ore Company (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Absolution From the Instance

Legal Issues

  1. 1 Is an order of absolution from the instance a final order and thus appealable?
  2. 2 Does the application for leave to appeal meet the requirements of section 17(1)(a) of the Superior Courts Act, 2013?

Ratio Decidendi

The court held that an order of absolution from the instance is a final order and thus appealable. However, the applicant's grounds for leave to appeal did not meet the requirements of section 17(1)(a) of the Superior Courts Act, 2013, as there were no reasonable prospects of success and no compelling reason for the appeal to be heard. The court cannot reconsider the evidence, as it is functus officio after granting absolution from the instance.

Court Disposition

Application for leave to appeal refused.

Orders

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