Ledwaba and Another v South African Football Association and Others (Leave to Appeal) (037446/2022) [2024] ZAGPPHC 1248 (5 December 2024)

Ledwaba and Another v South African Football Association and Others (Leave to Appeal) (037446/2022) [2024] ZAGPPHC 1248 (5 December 2024)

The court found that, after considering the arguments and heads of argument, there is no reasonable prospect of success for the appeal and no compelling reason for another court to hear the matter. The issues raised do not present any important point of law or fact that would justify reconsideration. Accordingly, the application for leave to appeal was dismissed.

Citation
[2024] ZAGPPHC 1248
Parties
Applicant: Ledwaba Ria Ivy; Applicant: Mohlabeng Ngoako Solly; Respondent: South African Football Association; Respondent: Jordaan Danile Alexander; Respondent: The National Executive Committee of the South African Football Association; Respondent: The Governance Committee of the South African Football Association
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 December 2024
Case Number
037446/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Initial Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
Holland-Muter
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Costs Award
Civil Procedure Leave to Appeal Reasonable Prospect of Success Costs Award

Case Brief

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Parties

Ledwaba Ria Ivy

Applicant

Mohlabeng Ngoako Solly

Applicant

South African Football Association

Respondent

Jordaan Danile Alexander

Respondent

The National Executive Committee of the South African Football Association

Respondent

The Governance Committee of the South African Football Association

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Initial Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 17(1) of the Superior Courts Act.
  2. 2 Whether there is a reasonable prospect of success on appeal.
  3. 3 Whether there are compelling reasons for another court to hear the appeal.

Ratio Decidendi

The court found that, after considering the arguments and heads of argument, there is no reasonable prospect of success for the appeal and no compelling reason for another court to hear the matter. The issues raised do not present any important point of law or fact that would justify reconsideration. Accordingly, 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 with costs.
  • Costs to include the cost of senior counsel and to be on Scale C.