Verulam Sawmills (Pty) Ltd v Magagula and Others (82258/2015) [2016] ZAGPPHC 108 (30 March 2016)

Verulam Sawmills (Pty) Ltd v Magagula and Others (82258/2015) [2016] ZAGPPHC 108 (30 March 2016)

The court found that the matter involves important questions of law and that there are conflicting judgments on the issues under consideration. Legal certainty and public interest require that these issues be resolved by the Supreme Court of Appeal. The applicant need only satisfy the court that either there is a reasonable prospect of success or another compelling reason for the appeal to be heard. The court was satisfied that the requirements for leave to appeal were met and accordingly granted leave to appeal against the whole judgment to the Supreme Court of Appeal.

Citation
[2016] ZAGPPHC 108
Parties
Applicant: Verulam Sawmills (Pty) Ltd; Respondent: Samuel December Magagula and 157 Further Respondents; Respondent: AMCU
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 March 2016
Case Number
82258/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against the Whole Judgment Delivered on 4 December 2015.
Outcome
Leave to appeal against the whole judgment delivered on 4 December 2015 is granted to the Supreme Court of Appeal. Costs will be costs in the appeal.
Judges
M W Msimeki
Legal Topics
Leave to Appeal, Conflicting Judgments, Interpretation of Lra, Costs in Appeal
Civil Procedure Labour Law Leave to Appeal Conflicting Judgments Interpretation of Lra Costs in Appeal

Case Brief

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Parties

Verulam Sawmills (Pty) Ltd

Applicant

Samuel December Magagula and 157 Further Respondents

Respondent

AMCU

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against the Whole Judgment Delivered on 4 December 2015.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the whole of the judgment handed down on 4 December 2015.
  2. 2 Whether there are conflicting judgments on the issues under consideration warranting appellate intervention.
  3. 3 Whether section 213 of the Labour Relations Act requires proper interpretation for legal certainty.

Ratio Decidendi

The court found that the matter involves important questions of law and that there are conflicting judgments on the issues under consideration. Legal certainty and public interest require that these issues be resolved by the Supreme Court of Appeal. The applicant need only satisfy the court that either there is a reasonable prospect of success or another compelling reason for the appeal to be heard. The court was satisfied that the requirements for leave to appeal were met and accordingly granted leave to appeal against the whole judgment to the Supreme Court of Appeal.

Court Disposition

Leave to appeal against the whole judgment delivered on 4 December 2015 is granted to the Supreme Court of Appeal. Costs will be costs in the appeal.

Orders

  • Leave to appeal against the whole of the judgment handed down on 4 December 2015 to the Supreme Court of Appeal is granted.
  • Costs will be costs in the appeal.