Khumalo and Another v South African Reserve Bank and Another (50711/2008) [2009] ZAGPPHC 32 (24 April 2009)

Khumalo and Another v South African Reserve Bank and Another (50711/2008) [2009] ZAGPPHC 32 (24 April 2009)

The court found that the South African Reserve Bank had reasonable prospects of success on appeal and granted leave to appeal to the Supreme Court of Appeal. The applicants' application for leave to cross-appeal was refused because the failure to grant interim relief did not constitute a refusal or an appealable order, and the notice did not comply with Rule 49(1) as it lacked grounds. The court held that conditional leave to cross-appeal is impermissible and that the application was bad in law. The application by the South African Reserve Bank to set aside the notice of application for leave to cross-appeal was dismissed as unnecessary, with no order as to costs.

Citation
[2009] ZAGPPHC 32
Parties
Applicant: Khumalo, Mzilikazi Godfrey; Applicant: Mawenzi Resources and Finance Company (Pty) Ltd; Respondent: South African Reserve Bank; Respondent: Minister of Finance
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 April 2009
Case Number
50711/2008
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Cross Appeal Following Final Judgment
Outcome
Leave to appeal is granted to the first respondent; the applicants' application for leave to cross-appeal is refused with costs.
Judges
B.R. Southwood, J.R. Murphy, T.J. Raulinga
Legal Topics
Leave to Appeal, Exchange Control Regulations, Ultra Vires, Interim Relief, Costs Order
Civil Procedure Banking and Finance Leave to Appeal Exchange Control Regulations Ultra Vires Interim Relief Costs Order

Case Brief

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Parties

Khumalo, Mzilikazi Godfrey

Applicant

Mawenzi Resources and Finance Company (Pty) Ltd

Applicant

South African Reserve Bank

Respondent

Minister of Finance

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the South African Reserve Bank has reasonable prospects of success on appeal against the order declaring the notice of attachment invalid.
  2. 2 Whether the applicants' application for leave to cross-appeal is competent in law.
  3. 3 Whether the failure to grant interim relief constitutes an appealable order.

Ratio Decidendi

The court found that the South African Reserve Bank had reasonable prospects of success on appeal and granted leave to appeal to the Supreme Court of Appeal. The applicants' application for leave to cross-appeal was refused because the failure to grant interim relief did not constitute a refusal or an appealable order, and the notice did not comply with Rule 49(1) as it lacked grounds. The court held that conditional leave to cross-appeal is impermissible and that the application was bad in law. The application by the South African Reserve Bank to set aside the notice of application for leave to cross-appeal was dismissed as unnecessary, with no order as to costs.

Court Disposition

Leave to appeal is granted to the first respondent; the applicants' application for leave to cross-appeal is refused with costs.

Orders

  • Leave is granted to the first respondent to appeal to the Supreme Court of Appeal against the judgment and order of this court granted on 19 February 2009.
  • The costs of the application for leave to appeal are to be costs in the appeal and such costs will include the costs consequent upon the employment of two counsel.