Zwane and Others v Moyo and Others (J 2414/19; J 34/20) [2022] ZALCJHB 304 (2 November 2022)

Zwane and Others v Moyo and Others (J 2414/19; J 34/20) [2022] ZALCJHB 304 (2 November 2022)

The court found that the respondents failed to demonstrate reasonable prospects of success on appeal. The submissions did not raise any new or compelling grounds that would justify reconsideration of the original order. The application for leave to appeal was therefore dismissed. Regarding costs, the court held that the requirements of law and fairness did not warrant a costs order against the respondents.

Citation
[2022] ZALCJHB 304
Parties
Applicant: Phumzile Zwane; Applicant: Nokusa Veronica Luthuli; Applicant: Zikhali Elphas Luthuli; Respondent: Julius Moyo; Respondent: Mbhekiseni Mvubu; Respondent: Wilson Mutwanamba; Respondent: Inqubelaphambili Trade Union
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 November 2022
Case Number
J 2414/19; J 34/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Contempt and Union Affairs
Outcome
Application for leave to appeal dismissed; no order as to costs.
Judges
D Mahosi
Legal Topics
Contempt of Court, Union Governance, Leave to Appeal, Costs Order
Labour Law Civil Procedure Contempt of Court Union Governance Leave to Appeal Costs Order

Case Brief

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Parties

Phumzile Zwane

Applicant

Nokusa Veronica Luthuli

Applicant

Zikhali Elphas Luthuli

Applicant

Julius Moyo

Respondent

Mbhekiseni Mvubu

Respondent

Wilson Mutwanamba

Respondent

Inqubelaphambili Trade Union

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Contempt and Union Affairs

Legal Issues

  1. 1 Whether there are reasonable prospects of success for an appeal against the Labour Court's order of 26 February 2020.
  2. 2 Whether the requirements of law and fairness justify a costs order in the leave to appeal application.

Ratio Decidendi

The court found that the respondents failed to demonstrate reasonable prospects of success on appeal. The submissions did not raise any new or compelling grounds that would justify reconsideration of the original order. The application for leave to appeal was therefore dismissed. Regarding costs, the court held that the requirements of law and fairness did not warrant a costs order against the respondents.

Court Disposition

Application for leave to appeal dismissed; no order as to costs.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.