Kgosiemang v MEC for the Department of Health, North-West Province (308/2011) [2013] ZANWHC 40 (19 April 2013)

Kgosiemang v MEC for the Department of Health, North-West Province (308/2011) [2013] ZANWHC 40 (19 April 2013)

The court found that, given the numerous factual findings and sub-issues decided in the original judgment, it could not be said that another court would not reasonably reach a different conclusion. The matter is of considerable importance to both parties, and the interests of justice require that leave to appeal and cross-appeal be granted. Accordingly, both applications for leave to appeal and cross-appeal are granted to the Full Bench of the North West High Court, with costs to be costs in the appeal. The Registrar is requested to give priority to the enrolment of the appeal due to the applicant's deteriorating health.

Citation
[2013] ZANWHC 40
Parties
Applicant: Galaletsang Ursula Kgosiemang; Respondent: MEC for the Department of Health, North West Province
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 April 2013
Case Number
308/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Cross Appeal Following Judgment
Outcome
Leave to appeal and cross-appeal granted to the Full Bench of the North West High Court.
Judges
A A Landman
Legal Topics
Leave to Appeal, Cross Appeal, Reasonable Prospect of Success, Costs in the Appeal
Civil Procedure Leave to Appeal Cross Appeal Reasonable Prospect of Success Costs in the Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Galaletsang Ursula Kgosiemang

Applicant

MEC for the Department of Health, North West Province

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Cross Appeal Following Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted to the applicant against the judgment delivered on 14 February 2013.
  2. 2 Whether leave to cross-appeal should be granted to the respondent against part of the judgment.
  3. 3 Whether there is a reasonable prospect that another court may reach a different conclusion.

Ratio Decidendi

The court found that, given the numerous factual findings and sub-issues decided in the original judgment, it could not be said that another court would not reasonably reach a different conclusion. The matter is of considerable importance to both parties, and the interests of justice require that leave to appeal and cross-appeal be granted. Accordingly, both applications for leave to appeal and cross-appeal are granted to the Full Bench of the North West High Court, with costs to be costs in the appeal. The Registrar is requested to give priority to the enrolment of the appeal due to the applicant's deteriorating health.

Court Disposition

Leave to appeal and cross-appeal granted to the Full Bench of the North West High Court.

Orders

  • The applicant is granted leave to appeal against the judgment dated 14 February 2013 on the grounds listed as A, B and C in the notice of application.
  • The respondent is granted leave to cross-appeal against the judgment on the grounds set out in paragraph 1 of its application for leave to appeal.