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South Africa Judgment

South Gauteng High Court, Johannesburg

Gopane and Another v Firstrand Bank Limited (49663/2009) [2020] ZAGPJHC 321 (8 September 2020)

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Source document

01

Holding and result

The court found that the Applicants did not raise any new grounds of appeal that challenged the findings of fact or law in the original judgment. Instead, they repeated submissions previously made in their application for rescission, which had already been addressed and dismissed. The Applicants failed to demonstrate that the appeal had reasonable prospects of success or that there was any compelling reason for the appeal to be heard as required by Section 17(1) of the Superior Courts Act. Consequently, the application for leave to appeal was dismissed.

Court disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The Applicants are to pay the Respondent's costs.

02

Material facts

Parties

Gopane, Mogapi George

Applicant Counsel: Legal Aid South Africa

Gopane, Veronica Thandekile

Applicant Counsel: Legal Aid South Africa

Firstrand Bank Limited

Respondent Counsel: Hammond Pole Attorneys

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The Applicants contend that the Respondent failed to comply with Section 129(1) of the National Credit Act, that the summons was not served on them, that they had settled their indebtedness to the Respondent at the time judgment was granted, and that the orders declaring properties executable were unconstitutional.
Respondent
The Respondent maintains that all procedural requirements were met, including compliance with Section 129(1) of the National Credit Act and proper service of summons. The Respondent asserts that the Applicants' indebtedness was not settled at the time of judgment and that the orders granted were constitutionally valid.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act No. 10 of 2013

    Leave to appeal may be granted only if the appeal would have a reasonable prospect of success or there is some other compelling reason for the appeal to be heard.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the Applicants did not raise any new grounds of appeal that challenged the findings of fact or law in the original judgment. Instead, they repeated submissions previously made in their application for rescission, which had already been addressed and dismissed. The Applicants failed to demonstrate that the appeal had reasonable prospects of success or that there was any compelling reason for the appeal to be heard as required by Section 17(1) of the Superior Courts Act. Consequently, the application for leave to appeal was dismissed.

Obiter and limits

  • Grounds of appeal must challenge the court's findings of fact or conclusions of law, not merely repeat previous submissions.
  • The requirements of Section 17(1) of the Superior Courts Act are not satisfied by the Applicants' submissions.

Court disposition

Application for leave to appeal dismissed with costs.

  • The application for leave to appeal is dismissed.
  • The Applicants are to pay the Respondent's costs.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2020] ZAGPJHC 321

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

CASE NO: 49663/2009

In the matter between:

GOPANE,

MOGAPI

GEORGE

First Applicant

GOPANE,

VERONICA

THANDEKILE

Second Applicant

and

FIRSTRAND BANK

LIMITED

Respondent

JUDGMENT ON LEAVE TO APPEAL

VALLY AJ:

1. This is an application for leave to appeal in which the Applicants attempt to make out submissions of fact as their grounds of appeal.

2. The Applicants’ submissions are that; the Respondent failed to comply with Section 129(1) of the National Credit Act No. 34 of 2005, the summons was not served on them, the Applicants had settled their indebtedness to the Respondent at the time that judgment was granted against them and that orders declaring properties specifically executable were unconstitutional.

3. Section 17(1) of the Superior Courts Act No. 10 of 2013 deals with the circumstances under which leave to appeal may be granted; that the appeal would have a reasonable prospect of success or there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration or where the decision sought to be appealed does not dispose of all the issues in the case or the appeal would lead to a just and prompt resolution of the real issues between the parties.

4. That being said, grounds of appeal are intended to challenge the court’s findings of fact or conclusions of law. The Applicants have done neither. Instead, the Applicants repeat their submissions made in the application for rescission. The Applicants’ submissions have been addressed in the judgment and there is no reason to revisit them.

5. The Applicants’ submissions do not satisfy the requirements of Section 17(1) of the Superior Courts Act for granting leave to appeal.

6. In the premises, the application for leave to appeal is dismissed with costs.

Order

7. In the premise, I make the following order:

7.1 The application for leave to appeal is dismissed.

7.2 The Applicants are to pay the Respondent’s costs.

______

H M VALLY

ACTING JUDGE OF THE HIGH COURT

GAUTENG LOCAL DIVISION,JOHANNESBURG

Date of hearing: 24 January 2020

Date of judgment: 08 September 2020

APPEARANCES

For the Applicants

Instructed by: Legal Aid South Africa

For the Respondent

Instructed by: Hammond Pole Attorneys

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

National Credit Act No. 34 of 2005

Legislation

Legislation referenced in the available case record.

Superior Courts Act No. 10 of 2013

Legislation

Legislation referenced in the available case record.

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