South Africa Ruling

Labour Court Durban

Water v Kruger and Others (D988/19) [2021] ZALCD 59 (26 July 2021)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the submissions in support of the application for leave to appeal did not introduce any new arguments beyond those previously considered. Upon reconsideration of the evidence and conclusions reached in the initial judgment, the court was not persuaded that an appeal would have reasonable prospects of success as required by Section 17(1)(a)(i) of the Superior Courts Act. Accordingly, leave to appeal was refused.

Court disposition

Leave to appeal is refused.

Orders

  • Leave to appeal is refused.

02

Material facts

Parties

Mhlathuze Water

Applicant

Johanna P Kruger

Respondent

Almero Deyzel N.O

Respondent

The Commissioner for Conciliation, Mediation and Arbitration (CCMA)

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contended that the previous judgment was incorrect and that there are reasonable prospects of success on appeal. Submissions were filed reiterating arguments made during the initial hearing, seeking leave to appeal.
Respondent
The respondents opposed the application for leave to appeal, arguing that the submissions did not raise any new or compelling grounds and that the judgment should stand.

05

Court’s reasoning

  1. 01

    Section 17(1)(a)(i) of the Superior Courts Act, 10 of 2013

    Leave to appeal will only be granted if the court is persuaded that there are reasonable prospects that another court would come to a different conclusion.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the submissions in support of the application for leave to appeal did not introduce any new arguments beyond those previously considered. Upon reconsideration of the evidence and conclusions reached in the initial judgment, the court was not persuaded that an appeal would have reasonable prospects of success as required by Section 17(1)(a)(i) of the Superior Courts Act. Accordingly, leave to appeal was refused.

Court disposition

Leave to appeal is refused.

  • Leave to appeal is refused.

Source and reliance status

Labour Court Durban

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Durban

Ruling

[2021] ZALCD 59

IN THE LABOUR COURT OF SOUTH AFRICA, DURBAN

Not Reportable

Case No: D988/19

In the matter between:

MHLATHUZE WATER Applicant

And

JOHANNA P KRUGER First Respondent

COMMISSIONER: ALMERO DEYZEL N.O Second Respondent

THE COMMISSIONER FOR CONCILIATION,

MEDIATION AND ARBITRATION (“CCMA”) Third Respondent

Heard: 21 June 2021

Delivered: This judgment was handed down electronically by circulation to the parties’ legal representatives by email by the Registrar. The date and time for handing-down is deemed 10h00 on 26 July 2021.

Summary: Opposed Review

JUDGMENT:

APPLICATION FOR LEAVE TO APPEAL

SCHUMANN, AJ

1] Leave to appeal is sought against my previous judgement in this matter. The application was brought some months ago and submissions were filed but, unfortunately, the application was only brought to my attention in the second week of June 2021.

2] I have considered the submissions in support of the application and they add nothing particularly new to what was submitted when the matter was previously argued. I have reconsidered the evidence and the conclusions I drew in light of the material before me and I am unpersuaded that an appeal would have reasonable prospects of success as envisaged by Section 17(1)(a)(i) of the Superior Courts Act, 10 of 2013.

2.1] Leave to appeal is, accordingly, refused.

P Schumann

Acting Judge of the Labour Court of South Africa

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act, 10 of 2013

Legislation

Legislation referenced in the available case record.

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