De Venter v Minister of Police (87269/15) [2022] ZAGPPHC 392 (31 May 2022)
- Citation
- [2022] ZAGPPHC 392
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- M J Teffo
- Case number
- 87269/15
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- M J Teffo
- Case number
- 87269/15
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the issues raised by the applicant in the application for leave to appeal had already been fully addressed in the original judgment. Upon consideration, the court agreed with the respondent that the application had no prospects of success. Accordingly, the application for leave to appeal was dismissed with costs.
Court disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs.
02
Material facts
Parties
W J van De Venter
Applicant Counsel: DD MosomaMinister of Police
Respondent Counsel: M E Ngoetjana03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Action at First Instance
04
Questions and positions
Legal issues
- 01
Whether the applicant has reasonable prospects of success on appeal against the dismissal of his action.
- 02
Whether the issues raised in the application for leave to appeal warrant reconsideration by a higher court.
Party arguments
- Applicant
- The applicant contends that the judgment and order dismissing his action were incorrect and that there are reasonable prospects of success on appeal. He submits that the issues raised in the application for leave to appeal merit reconsideration.
- Respondent
- The respondent argues that the application for leave to appeal lacks merit and that the issues raised have already been fully addressed in the judgment. The respondent submits that there are no reasonable prospects of success and that the application should be dismissed with costs.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act 10 of 2013
Leave to appeal should only be granted where there is a reasonable prospect that another court may come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the issues raised by the applicant in the application for leave to appeal had already been fully addressed in the original judgment. Upon consideration, the court agreed with the respondent that the application had no prospects of success. Accordingly, the application for leave to appeal was dismissed with costs.
Court disposition
Application for leave to appeal dismissed with costs.
- The application for leave to appeal is dismissed with costs.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 87269/15
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES:
NO
REVISED
31/05/22
In the matter between:
W
J VAN DE
VENTER
Applicant
and
MINISTER
OF
POLICE
Respondent
JUDGMENT - APPLICATION FOR LEAVE TO APPEAL
This judgment was handed down electronically by circulation to the parties' legal representatives via email. The date and time for hand down is deemed to be 10:00 on 31 May 2022.
TEFFO, J:
[1] This is an application for leave to appeal against the whole of the judgment and order of this Court dated 15 January 2021 in terms of which the action by the applicant against respondent was dismissed with costs.
[2] I have considered the application. It is my view that the issues raised have been fully addressed in the judgment.
[3] I agree with the respondent that the application has no prospects of success.
[4] Consequently, the following order is made:
1. The application for leave to appeal is dismissed with costs.
M
J TEFFO
JUDGE
OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
Appearances
None. The application was decided on the papers.
Counsel involved
For the applicant DD Mosoma
Instructed by
Geldenhuys Malatji Attorneys
For the respondent M E Ngoetjana
Instructed by
The State Attorney
Attorney
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