National Prosecuting Authority and Others v Public Servants Association and Others (J456/08) [2009] ZALCJHB 79 (28 May 2009)

National Prosecuting Authority and Others v Public Servants Association and Others (J456/08) [2009] ZALCJHB 79 (28 May 2009)

The court, after considering the grounds for leave to appeal and the submissions of both parties, finds that there is a reasonable prospect that another court may reach a different conclusion regarding the judgment handed down on 19 November 2008. Accordingly, leave to appeal to the Labour Appeal Court is granted.

Citation
[2009] ZALCJHB 79
Parties
Applicant: National Prosecuting Authority; Applicant: Department of Justice and Constitutional Development; Applicant: Minister of Justice and Constitutional Development; Respondent: The Public Servants Association; Respondent: PSA Members; Respondent: Society of State Advocates; Respondent: The Hon Judge McNally N.O.; Respondent: Sectoral Bargaining Council
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2009
Case Number
J456/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court
Outcome
Leave to appeal to the Labour Appeal Court is granted.
Judges
Molahlehi
Legal Topics
Leave to Appeal, Review of Arbitration Award, Reasonable Prospect of Success
Labour Law Leave to Appeal Review of Arbitration Award Reasonable Prospect of Success

Case Brief

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Parties

National Prosecuting Authority

Applicant

Department of Justice and Constitutional Development

Applicant

Minister of Justice and Constitutional Development

Applicant

The Public Servants Association

Respondent

PSA Members

Respondent

Society of State Advocates

Respondent

The Hon Judge McNally N.O.

Respondent

Sectoral Bargaining Council

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment reviewing and setting aside the Fourth Respondent's decision.
  2. 2 Whether there is a reasonable prospect that another court may reach a different conclusion.

Ratio Decidendi

The court, after considering the grounds for leave to appeal and the submissions of both parties, finds that there is a reasonable prospect that another court may reach a different conclusion regarding the judgment handed down on 19 November 2008. Accordingly, leave to appeal to the Labour Appeal Court is granted.

Court Disposition

Leave to appeal to the Labour Appeal Court is granted.

Orders

  • The application for leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.
  • Costs to be costs in the appeal.