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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

 

Case No: 38343/2022

(1)       REPORTABLE: NO

(2)       OF INTEREST TO OTHERS JUDGES: NO

(3)       REVISED

SIGNATURE

DATE: 09 OCTOBER 2023

 

 

In the matter between:

 

DON’T WASTE SHARED SERVICES (PTY) LTD                          FIRST APPLICANT

 

DON’T WASTE KZN 1 (PTY) LTD                                                  SECOND APPLICANT

 

DON’T WASTE KZN 2 (PTY) LTD                                                  THIRD APPLICANT

 

DON’T WASTE CTN 1 (PTY) LTD                                                  FOURTH APPLICANT

 

DON’T WASTE CTN 2 (PTY) LTD                                                  FIFTH APPLICANT

 

DON’T WASTE EC1 (PTY) LTD                                                     SIXTH APPLICANT

 

DON’T WASTE GAU 1 (PTY) LTD                                                 SEVENTH APPLICANT

 

DON’T WASTE GAU 2 (PTY) LTD                                                 EIGHTH APPLICANT

 

DON’T WASTE GAU 3 (PTY) LTD                                                NINTH APPLICANT

 

DON’T WASTE GAU 4 (PTY) LTD                                                TENTH APPLICANT

 

DON’T WASTE GAU 5 (PTY) LTD                                                ELEVENTH APPLICANT

 

DON’T WASTE GAU 6 (PTY) LTD                                              TWELFTH APPLICANT

 

 

And

 

THE COMPENSATION FUND                                                     FIRST RESPONDENT

 

THE COMISSIONER OF THE COMPENSATION FUND            SECOND RESPONDENT

 

MINISTER OF EMPLOYMENT AND                                           THIRD RESPONDENT

LABOUR: TW MXESI        

 

DEPUTY MINISTER OF EMPLOYMENT AND                          FOURTH RESPONDENT

LABOUR: BOITUMELO MOLOI

 

THE DIRECTOR GENERAL, DEPARTMENT OF                     FIFTH RESPONDENT

EMPLOYMENT AND LABOUR: THOBILE LAMATI

 

 

JUDGMENT

 

RETIEF J

 

1.    The Second to Twelfth Applicants [Applicants] appeal against those parts of the   judgment which, this Court handed down (ex tempore) on the 21 July 2023, in respect of Part B of the relief sought by the Applicants and costs. The application was argued on the 20 July 2023.

 

2.    The issue for determination was a judicial review brought by way of the Promotion of Administrative Justice Act 3 of 2000 [PAJA] in which the Applicants sought to review and set aside the classification decisions of the First and Second Respondents [Respondents] made in terms of the Compensation for Occupational Injuries and Disease Act 130 of 1993 [COIDA]..

 

3.    The nub of the grounds of appeal relied on traverse the interpretation and application, if any, of section 91 of COIDA. The Appellants contend, inter alia, that section 91 is not applicable to the Applicants and that reliance and the application thereof, vis n vis as an internal remedy mechanism referred to in PAJA is misplaced.

 

4.    That the provisions of section 17(1)(a)(i) of the Superior Courts Act 10 of 2013 [Superior Courts Act] are satisfied in that the appeal would have a reasonable prospect of success. The Applicants further rely and, set out reasons in terms of section 17(1)(a)(ii) of the Superior Court Act to amplify their section 17 submissions. These reasons appear compelling.

 

5.    Having heard Counsel for both the Applicants and the Respondent I am of the opinion that the appeal would have a reasonable prospect of success and as such, the following order is made:

 

 

IT IS ORDERED THAT:

 

1.    The Second to Twelfth Applicants are granted leave to appeal to the Full Bench of this Division.

2.    The Respondents are ordered to pay the costs, which costs to be inclusive of two Counsel.

 

 

 

L.A. RETIEF

Judge of the High Court

Gauteng Division

Appearances

Counsel for the Appellants:	Adv. H Gerber SC
	Adv. M Coetzee
Instructed by:	Cox Yeats Attorneys
	c/o Alant, Gell & Martin Inc
Counsel for the Respondents:	Adv. MC Phathela
Instructed by:	The State Attorney, Pretoria
Leave to Appeal heard on the:	28 September 2023
Leave granted on the:	9 October 2023

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