Cases listed under subject matter

Appeals

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Amathole District Municipality v Commission for Conciliation, Mediation and Arbitration and Others (PA9/2018) [2022] ZALAC 119 (10 November 2022)

The principle that an appellate court will not ordinarily interfere with a factual finding and credibility of witnesses by a trial court, is not an inflexible rule.

Ethekwini Municipality v SAMWU (442/11) [2013] ZASCA 135 (27 September 2013)

The SCA will not interfere with a decision of the LAC only because it considers it to be wrong: what is required in addition are special circumstances that take it out of the ordinary.

IMATU & SAMWU v SALGBC, Ethekwini Municipality, A J Rycroft N.O (D513/06) [2010] LC 38 (5/2/2010)

The test of whether to grant leave to appeal is whether there is a reasonable possibility that another court may come to a different conclusion.

National Union of Metalworkers of South Africa obo Fohlisa and others v Hendor Mining Supplies (a division of MarschalkBeleggings (Pty) Ltd) [2017] 6 BLLR 539 (CC)

A LC order is suspended pending an appeal to a higher court, and prescription of the judgment debt is interrupted until the appeal is decided.

NUMSA and Others v Hendor Mining Supplies a Division of Marschalk Beleggings (Pty) Ltd (JS 794/03) [2013] ZALCJHB 293 (5 November 2013)

A Labour Court order is suspended pending an appeal to a higher court, and prescription of the judgment debt is interrupted until the appeal is decided.

Solidarity v Department of Correctional Services and Others (C368/12, C986/12,) [2014] ZALCCT 4 (6 February 2014)

The effect of a court judgment is suspended pending appeal. But the High Court rules give the court discretion to direct otherwise.

Sun International (Pty) Ltd t/a Table Bay v CCMA (C 636/2012) [2013] ZALCCT 46 (12 January 2013)

A default judgement is not a final judgment and therefore cannot be appealed. If a party chooses not to oppose review proceedings, it cannot thereafter apply for leave to appeal.

Sun International Ltd v SACCAWU (JA45/16) [2017] ZALAC 24 (3 May 2017)

When on appeal the decision sought will have no practical effect or result, the appeal may be dismissed on that ground alone.

Toyota SA Motors (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CCT 228/14) [2015] ZACC 557 (15 December 2015)

Applications for leave to appeal should be dismissed on the basis of excessive delays in bringing the proceedings, aside from any other considerations.