Nchoe and Another v Education Labour Relation Council and Others (JR 2214/20) [2024] ZALCJHB 311 (23 July 2024)

Nchoe and Another v Education Labour Relation Council and Others (JR 2214/20) [2024] ZALCJHB 311 (23 July 2024)

The court applied the stringent test under section 17(1) of the Superior Courts Act, considering whether there was a reasonable prospect that another court would reach a different conclusion or whether any compelling reason existed for the appeal to be heard. Upon reflection of the judgment and the submissions made, the court found that the applicant had not demonstrated any reasonable prospect of success nor raised any legitimate dispute on the law or unusual issue deserving the attention of the Labour Appeal Court. Accordingly, the application for leave to appeal was dismissed.

Citation
[2024] ZALCJHB 311
Parties
Applicant: Philemon Nchoe; Applicant: Itumeleng Medichane; Respondent: Education Labour Relation Council; Respondent: Panelist Paul Phundu; Respondent: Department of Higher Education and Training – Westcol TVET College
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 July 2024
Case Number
JR 2214/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal dismissed.
Judges
Ntsoane
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Superior Courts Act Section 17, Review Application, Costs Order
Labour Law Civil Procedure Leave to Appeal Reasonable Prospect of Success Superior Courts Act Section 17 Review Application Costs Order

Case Brief

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Parties

Philemon Nchoe

Applicant

Itumeleng Medichane

Applicant

Education Labour Relation Council

Respondent

Panelist Paul Phundu

Respondent

Department of Higher Education and Training – Westcol TVET College

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion on the review application.
  2. 2 Whether any legitimate dispute on the law or unusual issue warrants attention by the Labour Appeal Court.

Ratio Decidendi

The court applied the stringent test under section 17(1) of the Superior Courts Act, considering whether there was a reasonable prospect that another court would reach a different conclusion or whether any compelling reason existed for the appeal to be heard. Upon reflection of the judgment and the submissions made, the court found that the applicant had not demonstrated any reasonable prospect of success nor raised any legitimate dispute on the law or unusual issue deserving the attention of the Labour Appeal Court. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Leave to appeal dismissed.

Orders

  • The leave to appeal is dismissed.