IN THE LABOUR COURT OF SOUTH AFRICA
HELD IN JOHANNESBURG
NOT REPORTABLE
                                                     	   			CASE NO: J456/08
In the matter between:       
NATIONAL PROSECUTING AUTHORITY		1ST APPLICANT
DEPARTMENT OF JUSTICE AND 
CONSTITUTIONAL DEVELOPMENT			2ND APPLICANT
MINISTER OF JUSTICE AND
CONSTITUTIONAL DEVELOPMENT			3RD APPLICANT
and
THE PUBLIC SERVANTS ASSOCIATION		1ST RESPONDENT
PSA MEMBERS							2ND AND FURTHER
RESPONDENTS
SOCIETY OF STATE ADVOCATES			3RD RESPONDENT
THE HON JUDGE McNALLY N.O.			4TH RESPONDENT
SECTORAL BARGAINING COUNCIL			5TH RESPONDENT                                                               
                                                        JUDGMENT            

molahlehi J
Introduction
[1]	This is an application for leave to appeal against my judgment handed down on 19th November 2008, in terms of which I made an order reviewing and setting aside the decision of the Fourth Respondent and substituted that decision with a decision dismissing the Respondents’ claim. 
[2]	The Applicants (the respondents in the review application) in this application for leave to appeal have raised several grounds for leave to appeal. I do not deem it necessary to repeat those grounds in this judgment. 
[3]	In terms of section 166(1) of the Labour Relations Act 66 of 1995 (the LRA) a party whishing to appeal to the Labour Appeal Court against a judgment of the Labour Court has to obtain leave to do so from the Labour Court. The test to apply when considering whether or not to grant leave to appeal is whether there is a reasonable prospect that another Court may come to a different conclusion to that of the Labour Court.
[4]	I have carefully considered the grounds for leave to appeal as set out in the application for leave to appeal to the Labour Appeal Court. I have also considered my judgment including the submissions made by both parties. I am persuaded that another Court may come to a different conclusion to the one reached by me in my judgment.
[5]	In the circumstances the following order is made:
(i)	The application for leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.
(ii)	The costs to be costs in the appeal. 

_______________
Molahlehi J
Date of Judgment	:	28th May 2009
Appearances
(Leave to Appeal decided on papers)