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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

(LIMPOPO DIVISION, POLOKWANE)

 

CASE NO: 6029/2019

REPORTABLE: YES/NO

OF INTEREST TO OTHER JUDGES: YES/NO

REVISED

DATE:14/06/2023

 

In the matter between:

 

LLALA PETER PHOSHOKO	APPLICANT
And
CHAIRPERSON OF THE CCMA GOVERNING BODY	FIRST RESPONDENT
THE CCMA GOVERNING BODY	SECOND RESPONDENT
COMMISSION FOR CONCILLIATION, MEDIATION	THIRD RESPONDENT
AND ARBITRATION (CCMA)
NATIONAL DIRECTOR OF THE CCMA	FOURTH RESPONDENT

 

JUDGMENT

 

MASHABA AJ

 

[1]      The Applicant in this matter applied for leave to appeal my judgment after I had rescinded the judgment of the Honourable Justice Semenya granted on 20 May 2021. The Respondents had brought the recission application in terms of Rule 42 (1) (a) and (b) of the Uniform Rules of Court (“the rules”).

 

[2]      The Applicant noted numerous grounds for leave to appeal. I do not find it necessary to labour into detail every ground that the Applicant has made in his application for leave to appeal, his heads of argument and during submissions.

 

[3]      The preliminary issue raised by Counsel for the Respondents which is fundamental in this leave to appeal application was whether my rescission order was appealable. The order is not appealable if it is (a) not final in effect and is open to alteration by the court below; (b) not definitive of the rights of the parties; and (c) does not have the effect of disposing of a substantial portion of the relief claimed.[1]

 

[4]      It is evidently clear that my rescission order is not final. What my order simply did was to allow the litigation process in this matter back for hearing. My order did not dwell into the merits or demerits of the main application. The parties will, during the hearing of the main application, have a right to present their respective cases.  My recission judgment does not preclude any of the parties to this application to present their cases in any way whatsoever. The merits of the case in the main application must still be decided upon by the Court which will be vested with this matter in the future. My rescission order was simply interlocutory to the main application.

 

[5]      My rescission order was not definitive of the rights of any of the parties. Neither did it have the effect of disposing of a substantial portion of the relief claimed. I therefore find that my recission order is not appealable. As a result of my finding on this preliminary issue I do not deem it necessary to address the other grounds raised by the applicant in his application for leave to appeal.

 

[6]      In the circumstances the following order is made:

 

(a)      The leave to appeal is dismissed with costs.

 

MG Mashaba

Acting Judge of the High Court

Limpopo Division, Polokwane

 

APPEARANCES:

 

FOR THE APPLICANT:	IN PERSON
	peter.phoshoko@vodamail.co.za
	llala.phoshoko@gmail.com
FOR THE RESPONDENTS:	ADVOCATE RB MPHELA
INSTRUCTED BY:	DIALE MOGASHOA ATTORNEYS, PRETORIA
	C/O: PMK TLADI ATTORNEYS, POLOKWANE
	donald@dm-inc.co.za
	itumeleng@dm-inc.co.za
DATE HEARD:	06/12/23
DATE DELIVERED:	06/14/23

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