SASBO Finance Union obo Steenkamp v African Bank Ltd and Others (JR1803/20) [2025] ZALCJHB 35 (30 May 2025)

IN THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG

2.3 
The
Applicant is of the view that the Court erred in dismissing the
review application on the narrow basis that the common cause
facts
exhibited an offer of employment which the Applicant did not accept
and on the application of the ratio
in Member
of the Executive Council, Department of Health, Eastern Cape v
Odendaal and others[2],
that an employment relationship did not arise beyond 31 December
2019;

2.4 
Ultimately, the Applicant claims that the Court
erred by not recognising the automatic renewal of contracts upon the
expiry date
of contracts on 31 December 2019.

‘(1)        
Leave to appeal may only be given where the judge or judges concerned
are of
the opinion that –

(a)(i)      
the appeal would have a reasonable prospect of success; or

(ii)          
there is some other compelling reason why the appeal should be heard,

including conflicting judgments on the matter under consideration;

(b)         
the decision sought on appeal does not fall within the ambit of
section
16 (2) (a); and

(c)         
where the decision sought to be appealed does not dispose of all the
issues
in the case, the appeal would lead to a just and prompt
resolution of the real issues between the parties.’

‘It
is trite that for an application for leave to appeal to be
successful, it is required of the party seeking such leave to
demonstrate
that there are reasonable prospects that another court,
in this instance, the Labour Appeal Court, would come to a different
conclusion
to that reached in the judgment that is sought to be taken
on appeal…’

‘[16] 
Once again it is necessary to say that leave to appeal, especially
to this court, must not be granted unless
there truly is a reasonable prospect of success.
Section 17(1)(a) of the Superior Courts Act 10 of 2013 makes it clear
that leave to appeal may only be given where the judge concerned is
of the opinion that the appeal would have a
reasonable prospect of
success; or there is some other compelling reason it should be heard.

[17] 
An applicant for
leave to appeal must convince the court on proper grounds that there
is a reasonable prospect or realistic chance
of success on appeal.
A mere possibility of success, an arguable case or one that is not
hopeless, is not enough. There must be a sound, rational basis
to
conclude that there is a reasonable prospect of success on appeal.’
(Emphasis added)

1. 
The application for leave to appeal is dismissed
with no order as to costs.

For the
Applicant:                                       

Molaba Attorneys  

For the Third
Respondent:                          

A M Vilakazi Tau Inc