Shabane v Minister Nkwinti and Another (J1947/2017) [2018] ZALCJHB 102 (13 March 2018)
The court found that, although the application for leave to appeal did not have reasonable prospects of success, section 17(1)(a)(ii) of the Superior Courts Act provides that leave may be granted if there is some other compelling reason for the appeal to be heard, such as conflicting judgments on the matter. On this...
Source-derived case information.
- Citation
- [2018] ZALCJHB 102
- Parties
- Applicant: Petrus Mduduzi Shabane; Respondent: Minister Nkwinti and Another
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J1947/2017
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 18 January 2018
- Outcome
- Leave to appeal granted.
- Judges
- GN Moshoana
- Legal Topics
- Leave to Appeal, Reasonable Prospects, Conflicting Judgments
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petrus Mduduzi Shabane
Applicant
Minister Nkwinti and Another
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 18 January 2018
Legal Issues
- 1 Whether the application for leave to appeal has reasonable prospects of success.
- 2 Whether there is a compelling reason for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act.
Ratio Decidendi
The court found that, although the application for leave to appeal did not have reasonable prospects of success, section 17(1)(a)(ii) of the Superior Courts Act provides that leave may be granted if there is some other compelling reason for the appeal to be heard, such as conflicting judgments on the matter. On this basis, leave to appeal was granted.
Court Disposition
Leave to appeal granted.
Orders
- The application for leave to appeal is hereby granted.
Full Case Text
Judgment text and source record
29 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: J 1947/2017
In the matter between:
PETRUS MDUDUZI SHABANE
Applicant
and
MINISTER NKWINTI AND ANOTHER Respondents
Heard: In Chambers
Delivered: 13 March 2018
JUDGMENT –
APPLICATION FOR LEAVE TO APPEAL
MOSHOANA, J
[1] This is an application for leave to appeal against the judgment of this court handed down on 18 January 2018. The application is opposed.
[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application has no reasonable prospects of success. However, I grant leave due to the provisions of section 17 (1) (a) (ii)[1]
Order
1. The application for leave to appeal is hereby granted.
_______________________
GN Moshoana
Judge of the Labour Court of South Africa
Appearances
For the Applicant: Advocate S Ogunrobi
Instructed by:
Mfenyana Attorneys Inc, Centurion Pretoria.
For the Respondents: Advocate E S J Van Graan SC
Instructed by:
Swardt Vogel Myambo Attorneys, Brooklyn Pretoria.
[1] (ii) there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under
consideration.