Welcome v MEC for Department of Education Eastern Cape Province and Others (PR 141/2020) [2022] ZALCPE 41 (8 December 2022)
The court found that the applicant's submissions did not raise any new issues beyond those already considered and rejected in the main judgment. The judge concluded that there was no reasonable prospect that another court would reach a different conclusion regarding the dismissal of the declaratory and review...
Source-derived case information.
- Citation
- [2022] ZALCPE 41
- Parties
- Applicant: Zithobile Welcome; Respondent: MEC for Department of Education Eastern Cape Province; Respondent: Superintendent General for the Department of Education, Eastern Cape Province; Respondent: District Director for the Department of Education: Port St Johns District, Eastern Cape Province; Respondent: Principal of Ntsimbini Junior Secondary School, Port St Johns
- Court
- Labour Court Port Elizabeth
- Jurisdiction
- South Africa
- Case Number
- PR 141/2020
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Declaratory and Review Applications
- Outcome
- Leave to appeal is refused.
- Judges
- A van Niekerk
- Legal Topics
- Leave to Appeal, Contract of Employment, Late Filing of Review, Declaratory Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zithobile Welcome
Applicant
MEC for Department of Education Eastern Cape Province
Respondent
Superintendent General for the Department of Education, Eastern Cape Province
Respondent
District Director for the Department of Education: Port St Johns District, Eastern Cape Province
Respondent
Principal of Ntsimbini Junior Secondary School, Port St Johns
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Declaratory and Review Applications
Legal Issues
- 1 Whether there is a reasonable prospect of success on appeal against the dismissal of the declaratory and review applications.
- 2 Whether there is any compelling reason for the appeal to be heard.
Ratio Decidendi
The court found that the applicant's submissions did not raise any new issues beyond those already considered and rejected in the main judgment. The judge concluded that there was no reasonable prospect that another court would reach a different conclusion regarding the dismissal of the declaratory and review applications. Furthermore, no compelling reason was presented to justify the hearing of the appeal. Accordingly, leave to appeal was refused.
Court Disposition
Leave to appeal is refused.
Orders
- Leave to appeal is refused.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, GQEBERHA
Not Reportable
CASE NO: PR 141/2020
In the matter between:
ZITHOBILE WELCOME
Applicant
And
MEC FOR DEPARTMENT OF EDUCATION
EASTERN CAPE PROVINCE
First Respondent
SUPERINTENDENT GENERAL FOR THE DEPARTMENT
OF EDUCATION, EASTERN CAPE PROVINCE
Second Respondent
DISTRICT DIRECTOR FOR THE DEPARTMENT
OF EDUCATION: PORT ST JOHNS DISTRICT,
EASTER CAPE PROVINCE
Third Respondent
THE PRINCIPAL OF NTSIMBINI JUNIOR SECONDARY
SCHOOL, PORT ST JOHNS
Fourth Respondent
Delivered: 08 December 2022
(This judgment was handed down electronically by circulation to the parties’ representatives, by email. The date on which the judgment is delivered is deemed to be 08 December 2022.)
RULING:APPLICATION FOR LEAVE TO APPEAL
VAN NIEKERK, J
[1] The applicant seeks leave to appeal against the whole of the judgment delivered by this court on 12 August 2022. The order granted, was that the application for a declaratory order that the applicant’s contract of employment remained extant was dismissed, as was an application for the late filing of a review application, with the consequence that the review application was dismissed.
[2] None of the submissions made on the applicant’s behalf raise any issues beyond those canvassed in the judgment and rejected for the reasons reflected. In my view, the appeal has no reasonable prospect of success, and there is no other compelling reason why the appeal should be heard.
I make the following order:
1. Leave to appeal is refused.
André van Niekerk
Judge of the Labour Court of South Africa