Sali v National Commissioner of South African Police Services (PA9/13) [2013] ZALCPE 29 (13 August 2013)

Sali v National Commissioner of South African Police Services (PA9/13) [2013] ZALCPE 29 (13 August 2013)

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.

Citation
[2013] ZALCPE 29
Parties
Applicant: Daluxolo Nicholas Sali; Respondent: National Commissioner of the South African Police Services; Respondent: Provincial Commissioner South African Police; Respondent: Minister of Safety and Security
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
13 August 2013
Case Number
PA9/13
Procedural Posture
Leave to Appeal / Petition for Leave to Appeal After Judgment
Outcome
Leave to appeal refused.
Judges
Lallie, Tlatsi, Musi, Mokgoathleng
Legal Topics
Employment Discrimination, Age Discrimination, Leave to Appeal, Costs Award

Case Brief

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Parties

Daluxolo Nicholas Sali

Applicant

National Commissioner of the South African Police Services

Respondent

Provincial Commissioner South African Police

Respondent

Minister of Safety and Security

Respondent

Procedural Posture

Leave to Appeal / Petition for Leave to Appeal After Judgment

  1. 1 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.
  2. 2 Whether there are reasonable prospects that another court might reach a different conclusion on appeal.

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.

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.