R NOT REPORTABLE
LABOUR COURT OF NAMIBIA MAIN DIVISION, WINDHOEK
REASONS
Case no: LC 97/2011
In the matter between:
NICOLAAS SWARTBOOI & MARIA GAES APPLICANTS
and
MWANAWINA SONNYBOY MBENGELA NO 1ST RESPONDENT
THE LABOUR COMMISSIONER 2ND RESPONDENT
METHEALTH NAMIBIA ADMINISTRATORS
(PTY) LTD 3RD RESPONDENT
Neutral citation: Methealth Namibia Administrators (Pty) Ltd v Mbengela N.O. (LC 97/2011) [2013] NALCMD 21 (24 June 2013)
Coram: MILLER AJ
Heard: 13 August 2012
Delivered: 23 August 2012
Reasons delivered: 24 June 2013
REASONS
MILLER AJ :
[1] In this matter and on 23 August 2012 I reviewed and set aside a ruling made by the first respondent in those proceedings in favour of the second and the third respondents.
[2] Thereafter the second and the third respondents sought leave to appeal to the Supreme Court which leave I refused to grant.
[3] I was requested to prove reasons. They are these:
What was required of me was to re-visit the facts and the reasons for my conclusions and to consider whether there is a reasonable prospect that another Court may come to a different conclusion. Put differently whether there are prospects of success on appeal.
The reasons for my decision to review and set aside the ruling were set out in a written judgment which I had prepared. I need not repeat them here.
[4] Having carefully considered the matter in the manner I indicated I remained unpersuaded that there are reasonable prospects of success and therefore I refused the application.
----------------------------------
P J MILLER
Judge
APPEARANCES
APPLICANTS: R M RUKORO
Of LorentzAngula Incorporated
SECOND & THIRD
RESPONDENTS: P J DE BEER
Instructed by du Plessis, Cronje & Roux Incorporated