Ngadlela v General Public Service Sector Bargaining Council and Others (C06/18) [2021] ZALCCT 98 (5 July 2021)

Ngadlela v General Public Service Sector Bargaining Council and Others (C06/18) [2021] ZALCCT 98 (5 July 2021)

The Court found that, upon revisiting the previous judgment and considering the applicant's grounds for review, there were no reasonable prospects of success on appeal. The remarks made in the earlier judgment regarding costs and possible legal assistance were not intended to disrespect the applicant and did not affect the outcome, as no costs order was made. The application for leave to appeal was therefore dismissed.

Citation
[2021] ZALCCT 98
Parties
Applicant: Mqondisi Ngadlela; Respondent: General Public Service Sector Bargaining Council; Respondent: DP van Tonder N.O.; Respondent: Minister of Agriculture, Forestry and Fisheries; Respondent: Director General of the Department of Agriculture, Forestry and Fisheries; Respondent: Ceba Mtobi
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
5 July 2021
Case Number
C06/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Applications.
Outcome
Application for leave to appeal dismissed.
Judges
Rabkin-Naicker
Legal Topics
Leave to Appeal, Review of Condonation, Rescission Ruling, Costs Award
Labour Law Civil Procedure Leave to Appeal Review of Condonation Rescission Ruling Costs Award

Case Brief

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Parties

Mqondisi Ngadlela

Applicant

General Public Service Sector Bargaining Council

Respondent

DP van Tonder N.O.

Respondent

Minister of Agriculture, Forestry and Fisheries

Respondent

Director General of the Department of Agriculture, Forestry and Fisheries

Respondent

Ceba Mtobi

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Applications.

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the dismissal of the review applications.
  2. 2 Whether the remarks made by the Court in the previous judgment were relevant or prejudicial to the applicant.
  3. 3 Whether the applicant was prejudiced by comments regarding possible legal assistance.

Ratio Decidendi

The Court found that, upon revisiting the previous judgment and considering the applicant's grounds for review, there were no reasonable prospects of success on appeal. The remarks made in the earlier judgment regarding costs and possible legal assistance were not intended to disrespect the applicant and did not affect the outcome, as no costs order was made. The application for leave to appeal was therefore dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.