Sali v National Commissioner of South African Police Services (PA9/13) [2013] ZALCPE 29 (13 August 2013)
- Citation
- [2013] ZALCPE 29
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Labour Court Port Elizabeth
- Panel
- Lallie, Tlatsi, Musi, Mokgoathleng
- Case number
- PA9/13
More details
- Court
- Labour Court Port Elizabeth
- Panel
- Lallie, Tlatsi, Musi, Mokgoathleng
- Case number
- PA9/13
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
After considering the grounds for leave to appeal, the submissions of both parties, and the original judgment, the court found no basis on which another court might reasonably reach a different decision. The application for leave to appeal was therefore dismissed.
Court disposition
Leave to appeal refused.
Orders
- The application for leave to appeal is dismissed.
- The petition for leave to appeal is refused with no order as to costs.
02
Material facts
Parties
Daluxolo Nicholas Sali
ApplicantNational Commissioner of the South African Police Services
RespondentProvincial Commissioner South African Police
RespondentMinister of Safety and Security
Respondent03
Procedural history
Posture
Leave to Appeal / Petition for Leave to Appeal After Judgment
04
Questions and positions
Legal issues
- 01
Whether the respondents discriminated against the applicant on the basis of age by not enlisting him as a permanent member of the South African Police Services.
- 02
Whether there are reasonable prospects that another court might reach a different conclusion on appeal.
Party arguments
- Applicant
- The applicant contended that the court erred in finding that the respondents did not discriminate against him based on age when refusing to enlist him as a permanent member of the South African Police Services. He relied on several grounds, with age discrimination being the main issue.
- Respondent
- The respondents opposed the application for leave to appeal, maintaining that the court's original judgment was correct and that there was no discrimination against the applicant based on age. They did not seek a costs order due to the applicant's socio-economic circumstances.
05
Court’s reasoning
Legal principles
- 01
Ngcobo v Nlente Casters (Pty) Ltd (2002) 23 ILJ 1442 (LC) at 1443 A-B
The test for granting leave to appeal is whether another court might reasonably come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
After considering the grounds for leave to appeal, the submissions of both parties, and the original judgment, the court found no basis on which another court might reasonably reach a different decision. The application for leave to appeal was therefore dismissed.
Obiter and limits
- The respondent did not seek a costs order against the applicant due to his socio-economic circumstances.
Court disposition
Leave to appeal refused.
- The application for leave to appeal is dismissed.
- The petition for leave to appeal is refused with no order as to costs.
Source and reliance status
Labour Court Port Elizabeth
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Port Elizabeth
Order
REPUBLIC
OF SOUTH
AFRICA
THE
LABOUR COURT
OF SOUTH AFRICA,
IN PORT ELIZABETH
In the matter between:
DALUXOLO
NICHOLAS SALI Applicant and
NATIONAL COMMISSIONER
OF
THE SOUTH AFRICAN
POLICE SERVICES 1ST Respondent
PROVINCIAL
COMMISSIONER
SOUTH
AFRICAN POLICE 2nd Respondent
MINISTER
OF SAFETY AND SECURITY 3rd Respondent
JUDGMENT: LEAVE TO APPEAL
LALLIE, J
[1] The applicant filed this application for leave to appeal against my judgment which was handed down on 21 May 2013. He seeks to rely on a number of grounds. The main ground is that I erred in finding that the respondents did not discriminate against him based on age by not enlisting him as a permanent member of the South African Police Services. This application is opposed by the respondents.
[2] The test for leave to appeal is whether another court might reasonably come to a conclusion different from the one I reached. In this regard see Ngcobo v Nlente Casters (Pty) Ltd[1].
[3] Having considered the grounds for leave .to appeal, the submissions on behalf of both parties and my judgment I could not find not basis on which another court might reasonably reach a decision different from the one I reach. In the circumstances this application cannot be granted.
[4] The respondent did not seek a costs order against the applicant because of his socio economic circumstances.
[5] In the premises the following order is made:
6.1 The application for leave to appeal is dismissed
LALLIE J
Judge of the Labor Court of South Africa
Appearnaces: The matter was determined in chambers
LABOUR APPEAL COURT OF
SOUTH AFRICA
HELD AT PORT ELIZABETH
Case no: PA9/13
Honourable Justices Tlatsi ADJP: Musi AJA and Mokgoathleng AJA
ORDERED on 30 October 2013
DALUXOLO
NICHOLAS SALI Petitioner and
NATIONAL
COMMISSIONER OF
THE
SOUTH AFRICAN POLICE SERVICES 1ST Respondent
PROVINCIAL
COMMISSIONER
SOUTH
AFRICAN POLICE 2nd Respondent
MINISTER
OF SAFETY AND SECURITY 3rd Respondent
ORDER
Having read the petition and considered the matter, the Court made the following order in this matter:
‘1. The petition for leave to appeal is refused with no order as to costs.”
BY THE COURT
REGISTRAR
[1] (2002) 23 ILJ 1442 (LC) at 1443 A-B
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