NOT REPORTABLE

REPUBLIC OF NAMIBIA

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:

a)	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.
b)	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.

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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