Nene v Minister of Justice and Correctional Services and another (JS430/17) [2023] ZALCJHB 204 (6 July 2023)
The court, after considering the submissions filed by the respondent, determined that there is a reasonable prospect that another court may reach a different conclusion. Accordingly, leave to appeal is granted in terms of section 17(1) of the Superior Courts Act.
Source-derived case information.
- Citation
- [2023] ZALCJHB 204
- Parties
- Applicant: Sifiso Nene; Respondent: Minister of Justice and Correctional Services; Respondent: Department of Correctional Services
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JS430/17
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Decided in Chambers
- Outcome
- Leave to appeal is granted. Costs are costs in the appeal.
- Judges
- M Sibanda
- Legal Topics
- Leave to Appeal, Reasonable Prospect of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sifiso Nene
Applicant
Minister of Justice and Correctional Services
Respondent
Department of Correctional Services
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Decided in Chambers
Legal Issues
- 1 Whether leave to appeal should be granted against the previous judgment.
- 2 Whether there is a reasonable prospect that another court may reach a different conclusion.
Ratio Decidendi
The court, after considering the submissions filed by the respondent, determined that there is a reasonable prospect that another court may reach a different conclusion. Accordingly, leave to appeal is granted in terms of section 17(1) of the Superior Courts Act.
Court Disposition
Leave to appeal is granted. Costs are costs in the appeal.
Orders
- Leave to appeal is granted.
- The costs are costs in the appeal.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: JS430/17
In the matter between:
SIFISO NENE Applicant And MINISTER OF JUSTICE AND CORRECTIONALSERVICES First Respondent DEPARTMENT OF CORRECTIONAL SERVICES Second Respondent
Decided: In chambers
Delivered: 06 July 2023
JUDGMENT: LEAVE TO APPEAL
SIBANDA AJ
[1] The application was brought on 14 November 2022. The respondent filed heads of argument on 30 November 2022. The file was brought to me on Friday, 9 June 2023.
[2] Having considered the submissions filed by the respondent, I am of the view that leave to appeal should be granted on the basis that there is a reasonable prospect that another court will come to a different conclusion.
[3] In the circumstances, I make the following order:
Order
1. Leave to appeal is granted.
2. The costs are costs in the appeal.
M Sibanda
Acting Judge of the Labour Court of South Africa