REPUBLIC OF SOUTH AFRICA
	
	Not reportable
	Of interest to other judges

the labour court of South Africa, cape town
judgment
	case no: C 665/11
In the matter between:
SOUTH AFRICAN BREWERIES LTD	Applicant	
and		
CCMA	First Respondent	
TARIQ JAMODIEN N.O.	Second Respondent	
CEDRIC KARSTENS	Third Respondent	
Heard:	In chambers
Delivered:	25 July 2012 
ruling on leave to appeal
STEENKAMP J 
Introduction 
[1]	The applicant seeks leave to appeal against my judgment of 24 May 2012 in which I dismissed its application for review with costs.
The applicable test
[2]	It is trite that the applicable test is whether there is a reasonable prospect that another court may come to a different conclusion. To this is sometimes added the interests of justice.
Evaluation / Analysis 
[3]	On of the issues addressed in my judgment is the appropriate test on review, especially as regards the role of the commissioner in deciding whether the sanction of dismissal was fair.
[4]	Despite the apparently clear articulation of the test by Navsa J  in Sidumo and the subsequent dictum of the Labour Appeal Court in Wasteman Group v SAMWU & Others, there still appears to be some confusion about the commissioner’s role in this regard.
[5]	In my view, it is in the interests of justice that the Labour Appeal Court should once again provide clear guidance on this aspect of the test on review.
Order
[6]	Leave to appeal is granted. Costs of this application are to be costs in the appeal.

_______________________
Steenkamp J

Judge of the Labour Court of South Africa