Transport and Allies Workers Union v Scopeful 21 (Pty) Ltd t/a Maluti Bus Service (JS688 -2016) [2024] ZALCJHB 59 (26 January 2024)

Transport and Allies Workers Union v Scopeful 21 (Pty) Ltd t/a Maluti Bus Service (JS688 -2016) [2024] ZALCJHB 59 (26 January 2024)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. Their grounds of appeal merely repeated previous arguments and introduced new contentions not pleaded or determined at trial, including constitutional issues outside the scope of the original proceedings. The court reaffirmed that leave to appeal should only be granted where there is a sound, rational basis for success or a compelling reason, neither of which was present. The conduct of the applicants in raising new issues at this stage was inappropriate. Consequently, the application for leave to appeal was dismissed, and a costs order was made against the applicants.

Citation
[2024] ZALCJHB 59
Parties
Applicant: Transport and Allied Workers Union; Applicant: Teboho Jonas Sekhoto & 35 Others; Respondent: Scopeful 21 (Pty) Ltd t/a Maluti Bus Service
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 January 2024
Case Number
JS688/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
M T M Phehane
Legal Topics
Leave to Appeal, Costs Order, Reasonable Prospect of Success, Constitutional Right to Strike
Labour Law Civil Procedure Leave to Appeal Costs Order Reasonable Prospect of Success Constitutional Right to Strike

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Transport and Allied Workers Union

Applicant

Teboho Jonas Sekhoto & 35 Others

Applicant

Scopeful 21 (Pty) Ltd t/a Maluti Bus Service

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there is any compelling reason for the appeal to be heard.
  3. 3 Whether the applicants' new contentions can be considered at this stage.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. Their grounds of appeal merely repeated previous arguments and introduced new contentions not pleaded or determined at trial, including constitutional issues outside the scope of the original proceedings. The court reaffirmed that leave to appeal should only be granted where there is a sound, rational basis for success or a compelling reason, neither of which was present. The conduct of the applicants in raising new issues at this stage was inappropriate. Consequently, the application for leave to appeal was dismissed, and a costs order was made against the applicants.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are to pay the costs.