Tlokana v Media, Information and Communication Technologies Sector Education and Training Authority and Another (J2163/15) [2016] ZALCJHB 376 (5 October 2016)

Tlokana v Media, Information and Communication Technologies Sector Education and Training Authority and Another (J2163/15) [2016] ZALCJHB 376 (5 October 2016)

The court found that the application for leave to appeal was against a judgment that was interlocutory in nature, and therefore, under section 18(2) of the Superior Courts Act, the disciplinary proceedings were not automatically suspended. Furthermore, the applicant failed to establish a clear right to a stay or any exceptional circumstances that would justify court intervention in the incomplete disciplinary process. The court was not persuaded that there was any reasonable prospect of success on appeal regarding its interpretation of section 18 or the principles governing intervention in disciplinary matters.

Citation
[2016] ZALCJHB 376
Parties
Applicant: Jack Tlokana; Respondent: Media, Information and Communication Technologies Sector Education and Training Authority; Respondent: Chairperson of the Disciplinary Enquiry, MM Aphane
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 October 2016
Case Number
J2163/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Application to Stay Disciplinary Proceedings.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Lagrange
Legal Topics
Stay of Disciplinary Proceedings, Leave to Appeal, Interlocutory Orders, Legal Representation in Disciplinary Enquiry
Labour Law Civil Procedure Stay of Disciplinary Proceedings Leave to Appeal Interlocutory Orders Legal Representation in Disciplinary Enquiry

Case Brief

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Parties

Jack Tlokana

Applicant

Media, Information and Communication Technologies Sector Education and Training Authority

Respondent

Chairperson of the Disciplinary Enquiry, MM Aphane

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Application to Stay Disciplinary Proceedings.

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of disciplinary proceedings pending the outcome of his application for leave to appeal.
  2. 2 Whether the pending application for leave to appeal suspends the disciplinary process under section 18(2) of the Superior Courts Act.
  3. 3 Whether the applicant has established exceptional circumstances warranting court intervention in incomplete disciplinary proceedings.

Ratio Decidendi

The court found that the application for leave to appeal was against a judgment that was interlocutory in nature, and therefore, under section 18(2) of the Superior Courts Act, the disciplinary proceedings were not automatically suspended. Furthermore, the applicant failed to establish a clear right to a stay or any exceptional circumstances that would justify court intervention in the incomplete disciplinary process. The court was not persuaded that there was any reasonable prospect of success on appeal regarding its interpretation of section 18 or the principles governing intervention in disciplinary matters.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal against the judgment handed down on 17 March 2016 is dismissed with costs.