Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipality and Others (2023-024680) [2024] ZAGPJHC 261 (13 March 2024)
The court found that the applicants have a reasonable prospect of success on appeal regarding the dismissal of their review and interdict application. However, the matter does not warrant the attention of the Supreme Court of Appeal and is more appropriately dealt with by a full court of the Gauteng Division,...
Source-derived case information.
- Citation
- [2024] ZAGPJHC 261
- Parties
- Applicant: Liberty Group Limited; Applicant: Pareto Limited; Applicant: Firstrand Bank Limited; Respondent: City of Johannesburg Metropolitan Municipality; Respondent: Johannesburg Development Agency SOC Limited; Respondent: Johannesburg Roads Agency SOC Limited; Respondent: Stefanutti Stocks (Pty) Ltd; Respondent: A Re Shomeng Holdings (Pty) Ltd
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 2023-024680
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
- Outcome
- Leave to appeal granted to the full court of the Gauteng Division, Johannesburg.
- Judges
- Wright
- Legal Topics
- Review of Administrative Action, Interdict Proceedings, Leave to Appeal, Rea Vaya Project
Source-derived case record
Summary, issues, holding and outcome
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Parties
Liberty Group Limited
Applicant
Pareto Limited
Applicant
Firstrand Bank Limited
Applicant
City of Johannesburg Metropolitan Municipality
Respondent
Johannesburg Development Agency SOC Limited
Respondent
Johannesburg Roads Agency SOC Limited
Respondent
Stefanutti Stocks (Pty) Ltd
Respondent
A Re Shomeng Holdings (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
Legal Issues
- 1 Whether the applicants have reasonable prospects of success on appeal against the dismissal of their review and interdict application.
- 2 Whether leave to appeal should be granted to the Supreme Court of Appeal or to the full court of the Gauteng Division.
Ratio Decidendi
The court found that the applicants have a reasonable prospect of success on appeal regarding the dismissal of their review and interdict application. However, the matter does not warrant the attention of the Supreme Court of Appeal and is more appropriately dealt with by a full court of the Gauteng Division, Johannesburg. Accordingly, leave to appeal is granted to the full court.
Court Disposition
Leave to appeal granted to the full court of the Gauteng Division, Johannesburg.
Orders
- The applicants are granted leave to appeal the order of Wright J of 19 February 2024.
- Leave is to a full court of the Gauteng Division, Johannesburg.
Full Case Text
Judgment text and source record
59 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NUMBER: 2023-024680
1. Reportable: No
2. Of interest to other judges: No
3. Revised
13 March 2024
In the matter between:
LIBERTY GROUP LIMITED
1st Applicant
PARETO LIMITED
2nd Applicant
FIRSTRAND BANK LIMITED
3rd Applicant
and
CITY OF JOHANNESBURG METROPOLITAN
1st Respondent
MUNICIPALITY
JOHANNESBURG DEVELOPMENT AGENCY SOC LIMITED 2nd Respondent
JOHANNESBURG ROADS AGENCY SOC LIMITED
3rd Respondent
STEFANUTTI STOCKS (PTY) LTD
4th Respondent
A RE SHOMENG HOLDINGS (PTY) LTD
5th Respondent
JUDGMENT - APPLICATION FOR LEAVE TO APPEAL
WRIGHT J
[1] On 19 February 2024 I delivered a typed, signed judgment in the main application which was Part B of the application as a whole. This judgment is to be read with that judgment.
[2] The applicants before me sought to review and interdict the conduct of the present first to third respondents relating to the well-known Rea Vaya bus project. I dismissed the application. The applicants now seek leave to appeal.
[3] In my view, they have a reasonable prospect on appeal but this case does not need the attention of the SCA.
ORDER
[1] The applicants are granted leave to appeal the order of Wright J of 19 February 2024.
[2] Leave is to a full court of the Gauteng Division, Johannesburg.
[3] Costs in the appeal.
JUDGE OF THE HIGH COURT
Heard on: 13 March 2024
Delivered on: 13 March 2024
Appearances:
APPLICANTS Adv C Bothma SC
0832847267
011 895 9000
bothma@law.co.za
Instructed by Webber Wentzel
Mr Igno Gouws
Tel: 011 530 5368
igno.gouws@webberwentzel.com
tayla.dye@webberwentzel.com
shazelle.jeevaruthnam@webberwentzel.com
RESPONDENTS Adv NH Maenetje SC
083 459 6358
maenetje@duma.nokwe.co.za
Adv Makhotso Lengane
084 567 8293
lengane@group621.co.za
Instructed by Mchunu Attorneys
Mr Titus Mchunu
Tel: 011 778 4060
Titus@mchunu.co.za