Swartbooi and Another v Mbengela NO and Others (1) (97 of 2011) [2013] NALCMD 21 (24 June 2013)

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 1^ST RESPONDENT

THE LABOUR COMMISSIONER 2^ND RESPONDENT

METHEALTH NAMIBIA ADMINISTRATORS

(PTY) LTD 3^RD 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:

1. 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.

2. 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