Nkuta v Cricket South Africa and Another (J2466/19) [2020] ZALCJHB 48 (18 February 2020)
The court found that, upon consideration of the grounds for leave to appeal, the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion. The statutory test for granting leave to appeal was not satisfied, and therefore, the application for leave to appeal was refused.
Source-derived case information.
- Citation
- [2020] ZALCJHB 48
- Parties
- Applicant: Ziyanda Zithobile Nkuta; Respondent: Cricket South Africa; Respondent: Qaqamba Moletsi N.O.
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J2466/19
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Judgment
- Outcome
- Application for leave to appeal refused.
- Judges
- GN Moshoana
- Legal Topics
- Leave to Appeal, Reasonable Prospects, Labour Court Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ziyanda Zithobile Nkuta
Applicant
Cricket South Africa
Respondent
Qaqamba Moletsi N.O.
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Legal Issues
- 1 Whether the applicant has demonstrated reasonable prospects that another court would reach a different conclusion.
- 2 Whether the grounds for leave to appeal satisfy the statutory test.
Ratio Decidendi
The court found that, upon consideration of the grounds for leave to appeal, the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion. The statutory test for granting leave to appeal was not satisfied, and therefore, the application for leave to appeal was refused.
Court Disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is hereby refused.
Full Case Text
Judgment text and source record
27 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG.
Not Reportable
case no: J 2466/19
In the matter between:
ZIYANDA ZITHOBILE NKUTA Applicant
And
cricket south africa First
Respondent
qaqamba moletsi n.o. Second
Respondent
Heard: In Chambers
Delivered: 18 February 2020
Summary: Application for leave to appeal – Test not satisfied – application refused.
JUDGMENT – LEAVE TO APPEAL
MOSHOANA, J
Introduction
[1] This is an application for leave to appeal against the whole order and judgment of this court handed down on 03 January 2020.
Evaluation
[2] Having considered the grounds for leave to appeal, I come to the conclusion that there are no reasonable prospects that another court would come to a different conclusion.
[3] In the results, I make the following order:
Order
1. The application for leave to appeal is hereby refused.
_______________________
GN Moshoana
Judge of the Labour Court of South Africa.
Appearances
None