South African Police Service v POPCRU obo Mmatli and Others (JR 1224/16) [2018] ZALCJHB 400 (4 December 2018)
After careful consideration of the application and the papers before the court, the judge found that the applicant failed to demonstrate reasonable prospects of success on appeal. The application was unopposed, but the absence of opposition did not alter the requirement for the applicant to meet the threshold for...
Source-derived case information.
- Citation
- [2018] ZALCJHB 400
- Parties
- Applicant: South African Police Service; Respondent: POPCRU obo KD Mmatli; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: Mulima Denga N.O
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR 1224/16
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Z Lallie
- Legal Topics
- Leave to Appeal, Reasonable Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
South African Police Service
Applicant
POPCRU obo KD Mmatli
Respondent
Safety and Security Sectoral Bargaining Council
Respondent
Mulima Denga N.O
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal.
Ratio Decidendi
After careful consideration of the application and the papers before the court, the judge found that the applicant failed to demonstrate reasonable prospects of success on appeal. The application was unopposed, but the absence of opposition did not alter the requirement for the applicant to meet the threshold for leave to appeal. The judge concluded that the applicant did not satisfy the test and dismissed the application for leave to appeal.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: JR 1224/16
In the matter between:
SOUTH AFRICAN POLICE SERVICE
Applicant
and
POPCRU obo KD MMATLI
First Respondent
SAFETY AND SECURITY SECTORAL
BARGAINING COUNCIL
Second Respondent
MULIMA DENGA N.O
Third Respondent
Decided: In Chambers
Judgment: 4 December 2018
JUDGMENT-APPLICATION FOR LEAVE TO APPEAL
LALLIE, J
[1] The applicant filed an application for leave to appeal against the whole of the judgment handed down on 31 August 2018. The application is unopposed.
[2] The test for leave to appeal is whether the applicant has reasonable prospects of success on appeal.[1]
[3] I have carefully considered the papers before me. They do not reflect that the applicant has reasonable prospects of success on appeal.
[4] I accordingly, make the following order.
Order
1. The application for leave to appeal is dismissed.
Z. Lallie
Judge of the Labour Court of South Africa
FOR THE APPLICANT:
THE STATE ATTORNEY
[1] Lodewicus Adries Micheal Kruger v The State 612/13 [2013] ZA (SCA).