Court name
Labour Court Main Division
Case number
97 of 2011
Title

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

Media neutral citation
[2013] NALCMD 21
Coram
Miller AJ



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:

 

  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.

 

 

 

 

----------------------------------

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