Calitz and Others v Minister of Police (62934/2014) [2022] ZAGPPHC 102 (17 February 2022)

Calitz and Others v Minister of Police (62934/2014) [2022] ZAGPPHC 102 (17 February 2022)

The court found that, after considering the grounds of appeal and the unique facts and evidence presented, there was no reasonable probability that another court would come to a different conclusion. The applicant failed to meet the threshold required for leave to appeal, which demands more than an arguable case or a mere possibility of success. Accordingly, the application for leave to appeal was dismissed with costs, including the costs of two counsel.

Citation
[2022] ZAGPPHC 102
Parties
Applicant: Jolandie Calitz and Two Others N.O.; Respondent: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 February 2022
Case Number
62934/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 29 October 2021.
Outcome
Application for leave to appeal dismissed with costs, including the costs of two counsel.
Judges
E van der Schyff
Legal Topics
Leave to Appeal, Costs Order
Civil Procedure Leave to Appeal Costs Order

Case Brief

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Parties

Jolandie Calitz and Two Others N.O.

Applicant

Minister of Police

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 29 October 2021.

Legal Issues

  1. 1 Whether the applicant has established sufficient grounds for leave to appeal against the judgment and order delivered on 29 October 2021.
  2. 2 Whether there is a reasonable probability that another court would come to a different conclusion on the facts and evidence presented.

Ratio Decidendi

The court found that, after considering the grounds of appeal and the unique facts and evidence presented, there was no reasonable probability that another court would come to a different conclusion. The applicant failed to meet the threshold required for leave to appeal, which demands more than an arguable case or a mere possibility of success. Accordingly, the application for leave to appeal was dismissed with costs, including the costs of two counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including the costs of two counsel.

Orders

  • The application for leave to appeal is dismissed with costs, including the costs of two counsel.