Forum for Service Delivery and Others v Modise and Another (56517/17) [2017] ZAGPPHC 1040 (1 December 2017)

Forum for Service Delivery and Others v Modise and Another (56517/17) [2017] ZAGPPHC 1040 (1 December 2017)

The application for leave to appeal was dismissed because the applicants failed to meet the threshold set by section 17(1) of the Superior Courts Act. The grounds for leave to appeal were submitted before the reasons for judgment were provided and were not amended after the reasons were furnished. As a result, the applicants did not properly challenge the reasoning of the court. The court found that there was no sound, rational basis to conclude that another court would come to a different conclusion. Furthermore, the request for a punitive costs order was denied, as the applicants' conduct did not warrant such an order under the circumstances.

Citation
[2017] ZAGPPHC 1040
Parties
Applicant: Forum for Service Delivery; Applicant: Katlego Motlagodisa; Applicant: Independent Electoral Commission (IEC); Applicant: The Municipal Council: Lekwa Teemane Local Municipality; Applicant: Legabe, Lenyatso Daniel; Applicant: Mmetseng, Gadimpee Mmetseng; Respondent: Modise, Pakiso Godfrey; Respondent: Moselane, Modisaotsile Jacob
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 December 2017
Case Number
56517/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
W Hughes
Legal Topics
Leave to Appeal, Superior Courts Act, Reasonable Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Superior Courts Act Reasonable Prospects of Success Costs Order

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Parties

Forum for Service Delivery

Applicant

Katlego Motlagodisa

Applicant

Independent Electoral Commission (IEC)

Applicant

The Municipal Council: Lekwa Teemane Local Municipality

Applicant

Legabe, Lenyatso Daniel

Applicant

Mmetseng, Gadimpee Mmetseng

Applicant

Modise, Pakiso Godfrey

Respondent

Moselane, Modisaotsile Jacob

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the applicants have met the threshold for leave to appeal under section 17(1) of the Superior Courts Act.
  2. 2 Whether the grounds for leave to appeal properly challenge the reasons for the original order.
  3. 3 Whether a punitive costs order should be granted against the applicants.

Ratio Decidendi

The application for leave to appeal was dismissed because the applicants failed to meet the threshold set by section 17(1) of the Superior Courts Act. The grounds for leave to appeal were submitted before the reasons for judgment were provided and were not amended after the reasons were furnished. As a result, the applicants did not properly challenge the reasoning of the court. The court found that there was no sound, rational basis to conclude that another court would come to a different conclusion. Furthermore, the request for a punitive costs order was denied, as the applicants' conduct did not warrant such an order under the circumstances.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.