GroundUp reports that on Thursday, Acting Judge Moses Baloyi in the Johannesburg Labour Court dismissed an application for leave to appeal launched by the Passenger Rail Agency of SA (Prasa) against a 2 March ruling of the court.
That ruling reinstated three executives, namely Martha Ngoye, Tiro Holele and Nkosinathi Khena. It came after Prasa executives were fired under the instruction of Prasa’s board in controversial circumstances in late January and early February. Prasa had sought to appeal the March ruling on three grounds. Firstly, Prasa argued that the Labour Court did not have the required jurisdiction to determine the application, but Baloyi found this reasoning “grossly misconceived”. Secondly, Prasa sought to appeal the ruling that the matter was urgent, but this also summarily dismissed by Baloyi, who found that the court’s finding that the application could be heard as an urgent matter was not appealable, as the court “has the inherent power to control its processes” and has discretionary powers. Thirdly, Prasa sought to appeal the costs order that was imposed by the court, but here again Prasa failed to show that the Court was unfair or improper in imposing costs. Baloyi came to the conclusion that Prasa had pursued an appeal “on a mere belief that the Court’s findings cannot be left unchallenged”.
- Read the full original of the report in the above regard by James Stent at GroundUp
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