Ngubo v Education Labour Relations Council and Others (D1355/18) [2019] ZALCD 8 (19 September 2019)

Ngubo v Education Labour Relations Council and Others (D1355/18) [2019] ZALCD 8 (19 September 2019)

The Court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The allegations of bias, procedural unfairness, and failure to consider evidence were not substantiated by the record. The cautionary/single witness rule was not applicable in the circumstances, and the arbitrator's treatment of the evidence was reasonable. The Procedural Fairness Review Ground under the South African Council for Educators Act did not apply to the charges in question. The Court, applying the test for leave to appeal under section 17(1) of the Superior Courts Act, concluded that there was no compelling reason or prospect of success warranting leave to appeal. Accordingly,...

Citation
[2019] ZALCD 8
Parties
Applicant: Sandile Ngubo; Respondent: Education Labour Relations Council; Respondent: Commissioner Sabher Ahmed Jazbhay; Respondent: MEC: Department of Education – Kwa-Zulu Natal
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
19 September 2019
Case Number
D1355/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with no order as to costs.
Judges
D Mahosi
Legal Topics
Leave to Appeal, Review of Arbitration Award, Procedural Fairness, Single Witness Rule
Labour Law Civil Procedure Leave to Appeal Review of Arbitration Award Procedural Fairness Single Witness Rule

Case Brief

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Parties

Sandile Ngubo

Applicant

Education Labour Relations Council

Respondent

Commissioner Sabher Ahmed Jazbhay

Respondent

MEC: Department of Education – Kwa-Zulu Natal

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of the review application.
  2. 2 Whether the arbitrator's conduct amounted to bias or procedural unfairness.
  3. 3 Whether the cautionary/single witness rule was incorrectly applied.

Ratio Decidendi

The Court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The allegations of bias, procedural unfairness, and failure to consider evidence were not substantiated by the record. The cautionary/single witness rule was not applicable in the circumstances, and the arbitrator's treatment of the evidence was reasonable. The Procedural Fairness Review Ground under the South African Council for Educators Act did not apply to the charges in question. The Court, applying the test for leave to appeal under section 17(1) of the Superior Courts Act, concluded that there was no compelling reason or prospect of success warranting leave to appeal. Accordingly,...

Court Disposition

Application for leave to appeal dismissed with no order as to costs.

Orders

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