Motloung v Metsimaholo Local Municipality (136/2020) [2020] ZAFSHC 148 (31 August 2020)

Motloung v Metsimaholo Local Municipality (136/2020) [2020] ZAFSHC 148 (31 August 2020)

The applicant's grounds for appeal are a repetition of arguments already considered and rejected in the original judgment. The purported reinstatement by Mr Mokoena was unlawful as he was no longer the Acting Municipal Manager at the relevant time. The applicant accepted his dismissal and referred the dispute to the bargaining council, confirming the termination. The applicant failed to establish reasonable prospects of success or any compelling reason for leave to appeal. Accordingly, the application for leave to appeal is dismissed with costs.

Citation
[2020] ZAFSHC 148
Parties
Applicant: Fusi John Motloung; Respondent: Metsimaholo Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
31 August 2020
Case Number
136/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 24 April 2020.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Molitsoane
Legal Topics
Leave to Appeal, Unfair Dismissal, Municipal Employment, Reasonable Prospects of Success
Labour Law Civil Procedure Leave to Appeal Unfair Dismissal Municipal Employment Reasonable Prospects of Success

Case Brief

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Parties

Fusi John Motloung

Applicant

Metsimaholo Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 24 April 2020.

Legal Issues

  1. 1 Whether the applicant has established reasonable prospects of success for leave to appeal.
  2. 2 Whether the purported reinstatement of the applicant by Mr Mokoena was lawful.
  3. 3 Whether the grounds of appeal constitute new issues or merely repeat arguments already decided.

Ratio Decidendi

The applicant's grounds for appeal are a repetition of arguments already considered and rejected in the original judgment. The purported reinstatement by Mr Mokoena was unlawful as he was no longer the Acting Municipal Manager at the relevant time. The applicant accepted his dismissal and referred the dispute to the bargaining council, confirming the termination. The applicant failed to establish reasonable prospects of success or any compelling reason for leave to appeal. Accordingly, the application for leave to appeal is dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.