SAMWU obo Makibinyane and Others v SA Local Government Bargaining Council and Others (JR1043/18) [2021] ZALCJHB 15 (8 February 2021)

SAMWU obo Makibinyane and Others v SA Local Government Bargaining Council and Others (JR1043/18) [2021] ZALCJHB 15 (8 February 2021)

The court found that the application for leave to appeal did not meet the raised threshold set by section 17(1) of the Superior Courts Act. The applicant's grounds for appeal largely repeated arguments already canvassed and addressed in the review judgment. The court distinguished the facts from those in the Dunlop case, finding that the employer's instruction was lawful and that the employees were sanctioned for refusing to comply, not for exercising their right to silence. The delay in the Third Respondent's submissions was condoned as it was not substantial and the reasons were not unreasonable. Ultimately, the court was not persuaded that there were reasonable prospects of success or...

Citation
[2021] ZALCJHB 15
Parties
Applicant: SAMWU obo MP Makibinyane & Others; Respondent: SA Local Government Bargaining Council; Respondent: Suria van Wyk; Respondent: Nala Local Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 February 2021
Case Number
JR1043/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment in Review Application
Outcome
Application for leave to appeal dismissed.
Judges
T Deane
Legal Topics
Leave to Appeal, Derivative Misconduct, Unlawful Instruction, Self Incrimination, Condonation, Disciplinary Procedure
Labour Law Civil Procedure Leave to Appeal Derivative Misconduct Unlawful Instruction Self Incrimination Condonation Disciplinary Procedure

Case Brief

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Parties

SAMWU obo MP Makibinyane & Others

Applicant

SA Local Government Bargaining Council

Respondent

Suria van Wyk

Respondent

Nala Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment in Review Application

Legal Issues

  1. 1 Whether the application for leave to appeal meets the threshold set by section 17(1) of the Superior Courts Act.
  2. 2 Whether the grounds of appeal raise reasonable prospects that another court would reach a different conclusion.
  3. 3 Whether the delay in filing the Third Respondent's submissions opposing leave to appeal should be condoned.

Ratio Decidendi

The court found that the application for leave to appeal did not meet the raised threshold set by section 17(1) of the Superior Courts Act. The applicant's grounds for appeal largely repeated arguments already canvassed and addressed in the review judgment. The court distinguished the facts from those in the Dunlop case, finding that the employer's instruction was lawful and that the employees were sanctioned for refusing to comply, not for exercising their right to silence. The delay in the Third Respondent's submissions was condoned as it was not substantial and the reasons were not unreasonable. Ultimately, the court was not persuaded that there were reasonable prospects of success or...

Court Disposition

Application for leave to appeal dismissed.

Orders

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