This is an application for leave to appeal to the Supreme Court against an order of this court. The background of the matter is that:
On 18 February 2013, the court considered an application for rescission of judgment which had been placed before it in chambers. More
On 17 September 2013 a default judgment was issued in favour of the Respondent. The matter had been set down for hearing on 17 September 2013 at 0900 hours. Applicant alleges that the legal practitioner of record was unable to attend the hearing due to ill health. He had been ill as from 13 September 2013 as evidenced by Casualty Unit case notes from the Avenues Clinic attached as Annexure A to the application. The deponent to the founding affidavit, one Mafo was requested to attend Court and seek a postponement of the matter to a date convenient to the... More
This is an appeal and cross appeal against the decision of the National Employment Council Appeals Board. The Board ordered that the Appellant ‘Mavhunga’ be dismissed and awarded back pay from July 2, 2008 to March 2, 2012. Both parties noted appeals against the decision at different times. The two matters were consolidated after an application to this court was made. For the avoidance of confusion in the terms parties would be referred to in their names. More
At the onset of oral argument in this Court respondent raised 2 points in limine which appellant opposed. Respondent abandoned the other points mentioned in his papers. The points shall be dealt with herein ad seriatim. More
The relief sought on appeal is incompetent since the Applicant prays for reinstatement when that was not the prevailing position prior to the dismissal. Prior to the dismissal on the 14th August, 2020, the Applicant was suspended from employment on the 6th July, 2020. The status quo that has to be restored is therefore the position of suspension and not the reinstatement. More
