Registrar of Labour Relations v Sino N.O (J2896/2018) [2024] ZALCJHB 405 (16 October 2024)
The court held that the applicant had raised important questions regarding the powers of the Registrar of Labour Relations and the administrator of a trade union. These questions are of sufficient importance to constitute a compelling reason for the appeal to be heard, as contemplated by section 17(1)(a)(ii) of the...
Source-derived case information.
- Citation
- [2024] ZALCJHB 405
- Parties
- Applicant: Registrar of Labour Relations; Respondent: Sipho Eric Sono N.O (Administrator of the Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union); Respondent: Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union (Under administration); Respondent: Alfred Tseki
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J2896/2018
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 14 August 2024.
- Outcome
- Leave to appeal is granted. No order as to costs.
- Judges
- Connie Prinsloo
- Legal Topics
- Leave to Appeal, Powers of Registrar, Trade Union Administration, Superior Courts Act, Reasonable Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Registrar of Labour Relations
Applicant
Sipho Eric Sono N.O (Administrator of the Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union)
Respondent
Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union (Under administration)
Respondent
Alfred Tseki
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 14 August 2024.
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal.
- 2 Whether there is a compelling reason for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act.
- 3 Whether important questions regarding the powers of the Registrar and the administrator of a trade union justify granting leave to appeal.
Ratio Decidendi
The court held that the applicant had raised important questions regarding the powers of the Registrar of Labour Relations and the administrator of a trade union. These questions are of sufficient importance to constitute a compelling reason for the appeal to be heard, as contemplated by section 17(1)(a)(ii) of the Superior Courts Act. The court was satisfied that this matter is not merely a factual dispute but involves significant legal issues that merit consideration by an appellate court. Accordingly, leave to appeal was granted.
Court Disposition
Leave to appeal is granted. No order as to costs.
Orders
- Leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case number J 2896/18
In the matter between:
THE REGISTRAR OF LABOUR RELATIONS. Applicant and SIPHO ERIC SONO N.O (Administrator of the Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union) First Respondent CHEMICAL, ENERGY, PAPER, PRINTING, WOOD AND ALLIED WORKERS’ UNION (Under administration) Second Respondent ALFRED TSEKI Third Respondent
Decided: In Chambers
Judgment: 16 October 2024
This judgment was handed down electronically by consent of the parties by circulation to them via email. The date for hand-down is deemed to be on 4 October 2024.
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
PRINSLOO J.
[1] The Applicant filed an application for leave to appeal against the judgment and orders of this Court handed down on 14 August 2024. The First and Second Respondents opposed the application.
[2] I have considered the grounds for appeal raised by the Applicant as well as the submissions made in support and in opposition thereof and I do not intend to repeat those herein.
[3] It is trite that to be entitled to leave to appeal, an applicant in the application for leave to appeal must satisfy this Court that it has reasonable prospects of success on appeal and that based on the facts and the law another court would arrive at a conclusion different than the one reached by the Court a quo. Appeals should be limited to matters where there is a reasonable prospect that the factual matrix could receive a different treatment of where there is some legitimate dispute on the law.
[4] Section 17(1)(a)(ii) of the Superior Courts Act[1] provides that leave to appeal may also be granted if there is a compelling reason why the appeal should be heard. In casu important questions relating to the powers of the Applicant and an administrator of a trade union are raised which require the appeal to be heard.
[5] In my view this is a case where the appeal should be heard.
Order
[6] I therefore make the following order:
1. Leave to appeal is granted.
2. There is no order as to costs.
Connie Prinsloo
Judge of the Labour Court of South Africa
[1] Act 10 of 2013.