Land and Agricultural Development Bank of South Africa t/a The Land Bank v Twee Jonge Gezellen (Pty) Ltd and Another (19694/2008) [2010] ZAWCHC 145 (25 March 2010)
The court found that the respondents had abandoned most of their previous defences and now relied solely on a limited constitutional ground. After considering the arguments and the reasons set out in the original judgment, the court concluded that there were no reasonable prospects that another court would reach a...
Source-derived case information.
- Citation
- [2010] ZAWCHC 145
- Parties
- Applicant: Land and Agricultural Development Bank of South Africa t/a Land Bank; Respondent: Twee Jonge Gezellen (Pty) Ltd; Respondent: Nicolas Charles Krone; Respondent: Minister of Justice & Constitutional Development
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- 19694/2008
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal or a Full Bench
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- Desai
- Legal Topics
- Provisional Sentence, Leave to Appeal, Constitutional Attack on Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
Land and Agricultural Development Bank of South Africa t/a Land Bank
Applicant
Twee Jonge Gezellen (Pty) Ltd
Respondent
Nicolas Charles Krone
Respondent
Minister of Justice & Constitutional Development
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal or a Full Bench
Legal Issues
- 1 Whether there are reasonable prospects that another court would reach a different conclusion regarding the provisional sentence procedure.
- 2 Whether the constitutional attack on the provisional sentence procedure warrants leave to appeal.
Ratio Decidendi
The court found that the respondents had abandoned most of their previous defences and now relied solely on a limited constitutional ground. After considering the arguments and the reasons set out in the original judgment, the court concluded that there were no reasonable prospects that another court would reach a different conclusion, even on the limited constitutional basis advanced. 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.
Full Case Text
Judgment text and source record
35 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NUMBER: 19694/2008
DATE: 25 MARCH 2010
In the matter between:
THE LAND AGRICULTURAL DEVELOPMENT
BANK OF S A t/a LANDBANK Applicant
and
1. TWEE JONGE GEZELLEN (PTY) LTD 1st Respondent
2. NICOLAS CHARLES KRONE 2nd Respondent
3. MINISTER OF JUSTICE & CONSTITUTIONAL
DEVELOPMENT 3rd Respondent
JUDGMENT
Application for Leave to Appeal
DESAI, J:
This is an application for leave to appeal to the Supreme Court of Appeal, alternatively to a full bench of this court, against the whole of my judgment. When this matter was initially argued before me, Counsel then appearing for the 1st and 2nd respondents resisted the grant of provisional sentence on several grounds, including a wide ranging attack upon the constitutionality of the provisional sentence procedure.
Counsel now appearing for the said respondents has, in effect, abandoned most of the defences advanced by his predecessor. He seeks leave to appeal only on the limited basis set out in the final paragraph of the defendants' application for leave to appeal. For the reasons set out in my judgment, I am of the view that there are no reasonable prospects of another Court coming to a different conclusion, not even on the limited basis now being suggested by defendants' counsel.
In the result,the application for leave to appeal is dismissed with costs.
DESAI, J
THE SUPREME COURT OF APPEAL
OF SOUTH AFRICA
SCACASENO: 261/10
WCHCCASENO: 19694/08
In the matter between;
TWEE JONGE GEZELLEN (PTY) LTD 1st APPLICANT
NICOLAS CHARLES KRONE 2nd APPLICANT
LAND & AGRICULTURAL DEVELOPMENT BANK OF
SA t/a LAND BANK 1st RESPONDENT
MINISTER OF DOJ & CD 2nd RESPONDENT
COURT ORDER
AS PER PONNAN JA et R PILLAY AJA ORDERED ON 24 JUNE 2010
The application for leave to appeal is dismissed with costs.
By the court
AE VAN DEN BERGH (MRS)
ACTING REGISTRAR