Skhosana v Eskom Holdings SOC (PTY) LTD and Others (J 111/2022) [2022] ZALCJHB 348 (7 December 2022)
The court found that the applicant's submissions in support of leave to appeal did not raise any new issues or advance the matter beyond what was previously argued in the contempt application. The judgment dismissing the contempt application contained the court's full reasoning, and there were no reasonable...
Source-derived case information.
- Citation
- [2022] ZALCJHB 348
- Parties
- Applicant: Kenneth Skhosana; Respondent: Eskom Holdings SOC (PTY) LTD; Respondent: Andre de Ruiter; Respondent: Malegapuru Makgoba
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J 111/2022
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Contempt Application
- Outcome
- Leave to appeal is refused.
- Judges
- Van Niekerk
- Legal Topics
- Contempt of Court, Arbitration Award Enforcement, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Skhosana
Applicant
Eskom Holdings SOC (PTY) LTD
Respondent
Andre de Ruiter
Respondent
Malegapuru Makgoba
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Contempt Application
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of the contempt application.
- 2 Whether there is a compelling reason for the appeal to be heard.
Ratio Decidendi
The court found that the applicant's submissions in support of leave to appeal did not raise any new issues or advance the matter beyond what was previously argued in the contempt application. The judgment dismissing the contempt application contained the court's full reasoning, and there were no reasonable prospects of success on appeal nor any compelling reason for the appeal to be heard. Accordingly, leave to appeal was refused.
Court Disposition
Leave to appeal is refused.
Orders
- Leave to appeal is refused.
Full Case Text
Judgment text and source record
24 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: J 111/2022
In the matter between:
KENNETH SKHOSANA
Applicant
And
ESKOM HOLDINGS SOC (PTY) LTD
First Respondent
ANDRE DE RUITER – CHIEF
EXECUTIVE OFFICER
Second Respondent
MALEGAPURU MAKGOBA – CHAIRMAN
Third Respondent
Delivered: 07 December 2022
(This judgment was handed down electronically by circulation to the parties’ representatives, by email. The date on which the judgment is delivered is deemed to be 07 December 2022.)
RULING: APPLICATION FOR LEAVE TO APPEAL
VAN NIEKERK, J
[1] The applicant seeks leave to appeal against the whole of the judgment delivered by this court on 31 October 2022. On that date, the court dismissed an application to hold the respondents in contempt of court on account of what the applicant seeks to be a failure to comply with an arbitration award issued in his favour on 22 April 2015.
[2] The applicant has filed voluminous affidavits and other papers in support of the present application. None of these submissions take matters any further than where the matter stood at the time that the application for contempt was argued. The judgment in support of the order in respect of which the applicant seeks leave to appeal contains the court’s reasoning. In my view, the appeal has no reasonable prospect of success, and there is no compelling reason why the appeal should be heard.
I make the following order:
1. Leave to appeal is refused.
André van Niekerk
Judge of the Labour Court of South Africa