SASBO obo Madikiza v Standard Bank Of South Africa Ltd and Others (JR 747/20) [2023] ZALCJHB 46 (6 March 2023)
The court found that, after considering the grounds for leave to appeal, the application did not disclose any reasonable prospects of success. The judge applied the principle that leave to appeal should only be granted where there is a reasonable possibility that another court would reach a different conclusion. No...
Source-derived case information.
- Citation
- [2023] ZALCJHB 46
- Parties
- Applicant: SASBO obo TEMBA ANDREW MADIKIZA; Respondent: STANDARD BANK OF SOUTH AFRICA LTD; Respondent: COMMISSIONER PAUL PHUNDU N.O.; Respondent: THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR 747/20
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 24 January 2023.
- Outcome
- Application for leave to appeal refused.
- Judges
- G. N. Moshoana
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
SASBO obo TEMBA ANDREW MADIKIZA
Applicant
STANDARD BANK OF SOUTH AFRICA LTD
Respondent
COMMISSIONER PAUL PHUNDU N.O.
Respondent
THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 24 January 2023.
Legal Issues
- 1 Whether the application for leave to appeal has reasonable prospects of success.
- 2 Whether any order as to costs should be made.
Ratio Decidendi
The court found that, after considering the grounds for leave to appeal, the application did not disclose any reasonable prospects of success. The judge applied the principle that leave to appeal should only be granted where there is a reasonable possibility that another court would reach a different conclusion. No exceptional circumstances were present to justify a costs order. Accordingly, the application for leave to appeal was refused, with no order as to costs.
Court Disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is refused.
- There is no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: JR 747/20
In the matter between:
SASBO obo TEMBA ANDREW MADIKIZA Applicant
and
STANDARD BANK OF SOUTH AFRICA LTD First Respondent
COMMISSIONER PAUL PHUNDU N.O. Second
Respondent
THE COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION Third
Respondent
Heard: In Chambers
Delivered: 06 March 2023 (This judgment was handed down electronically by distributing copies thereof to the respective
parties. The delivery date is deemed to be 06 March 2023)
JUDGMENT –
APPLICATION FOR LEAVE TO APPEAL
MOSHOANA, J
[1] This is an application for leave to appeal against the judgment and order of this Court handed down on 24 January 2023.
[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application has no reasonable prospects of success.
Order
1. The application for leave to appeal is refused with no order as to costs.
G. N. Moshoana
Judge of the Labour Court of South Africa