St. Helena Gold Mines Limited and Another v National Union of Mine Workers and Others (J 2285/99) [1999] ZALC 109 (22 July 1999)

St. Helena Gold Mines Limited and Another v National Union of Mine Workers and Others (J 2285/99) [1999] ZALC 109 (22 July 1999)

The court found that, although most of the grounds for leave to appeal did not present a reasonable prospect of success, there was a significant factual dispute regarding whether a new casus belli for the strike existed. This dispute centered on the alleged demand by a union representative for a moratorium on...

Source-derived case information.

Citation
[1999] ZALC 109
Parties
Applicant: St Helena Gold Mines Ltd; Applicant: Oryx Mine; Respondent: National Union of Mineworkers and Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 July 1999
Case Number
J 2285/99
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Relief
Outcome
Leave to appeal granted against the whole judgment; costs to be costs in the appeal.
Judges
Basson
Legal Topics
Strike Action, Retrenchment Dispute, Leave to Appeal, Factual Dispute Resolution
Labour Law Civil Procedure Strike Action Retrenchment Dispute Leave to Appeal Factual Dispute Resolution

Source-derived case record

Summary, issues, holding and outcome

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Parties

St Helena Gold Mines Ltd

Applicant

Oryx Mine

Applicant

National Union of Mineworkers and Others

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Relief

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion regarding the factual dispute about the existence of a new casus belli for the strike.
  2. 2 Whether the dispute giving rise to the strike was about the failure to conclude a retrenchment agreement or the prevention of retrenchments.
  3. 3 Whether the robust approach to resolving factual disputes on the papers was appropriate.

Ratio Decidendi

The court found that, although most of the grounds for leave to appeal did not present a reasonable prospect of success, there was a significant factual dispute regarding whether a new casus belli for the strike existed. This dispute centered on the alleged demand by a union representative for a moratorium on retrenchments, which was not directly denied but ambiguously addressed in the respondents' affidavit. The court acknowledged that another court might reasonably refer this dispute to oral evidence rather than deciding it on the papers, and thus there was a reasonable prospect that a different conclusion could be reached. Consequently, leave to appeal was granted against the whole...

Court Disposition

Leave to appeal granted against the whole judgment; costs to be costs in the appeal.

Orders

  • Leave to appeal is granted against the whole of the judgment.
  • Costs are to be costs in the appeal.