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South Africa Order

North Gauteng High Court, Pretoria

Louwen v MEC For The Department of Health Gauteng (35801/19) [2022] ZAGPPHC 840 (19 October 2022)

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Source document

01

Holding and result

The court found that, upon consideration of the papers and arguments presented, there are reasonable prospects that another court may reach a different conclusion on the merits of the case. The issues raised by the applicant in the leave to appeal application were considered in depth during the trial and judgment. The court concluded that leave to appeal should be granted to the Full Court of the Gauteng Division, and that the costs of the application should be costs in the appeal.

Court disposition

Leave to appeal to the Full Court of the Gauteng Division is granted. Costs of the application are to be costs in the appeal.

Orders

  • Leave to appeal to the Full Court of the Gauteng Division is hereby granted.
  • The costs of this application are to be costs in the appeal.

02

Material facts

Parties

Nhlabathi Samukelisiwe Louwen

Plaintiff Counsel: Adv NGD Maritz SC

MEC For The Department of Health Gauteng

Defendant Counsel: Adv N Manaka

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal After Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant/defendant argued that the judgment delivered on 22 July 2022 was erroneous and that there are reasonable prospects that another court may reach a different conclusion. The applicant submitted that the issues raised in the application for leave to appeal were substantial and warranted reconsideration by a higher court.
Respondent
The respondent/plaintiff opposed the application, contending that the trial court had not erred in its findings and that there are no reasonable prospects that another court would come to a different conclusion. The respondent maintained that the judgment was correct and should stand.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act 10 of 2013

    Leave to appeal should be granted if there are reasonable prospects that another court may come to a different conclusion.

06

Ratio, limits and disposition

Ratio decidendi

The court found that, upon consideration of the papers and arguments presented, there are reasonable prospects that another court may reach a different conclusion on the merits of the case. The issues raised by the applicant in the leave to appeal application were considered in depth during the trial and judgment. The court concluded that leave to appeal should be granted to the Full Court of the Gauteng Division, and that the costs of the application should be costs in the appeal.

Obiter and limits

  • The court noted that many of the issues raised in the application for leave to appeal had already been dealt with in depth in the original judgment.

Court disposition

Leave to appeal to the Full Court of the Gauteng Division is granted. Costs of the application are to be costs in the appeal.

  • Leave to appeal to the Full Court of the Gauteng Division is hereby granted.
  • The costs of this application are to be costs in the appeal.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Order

[2022] ZAGPPHC 840

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

Case No 35801/19

REPORTABLE: YES/NO

OF INTEREST TO OTHER JUDGES: YES/NO

REVISED

19 OCTOBER 2022

In the matter between:

NHLABATHI

SAMUKELISIWE

LOUWEN PLAINTIFF

and

MEC

FOR THE DEPARTMENT OF HEALTH

GAUTENG DEFENDANT

LEAVE

TO APPEAL

FRANCIS-SUBBIAH, AJ:

[1] The applicant/defendant seeks leave to appeal against the entire judgment and order delivered on 22 July 2022 in this matter.

[2] The respondent/plaintiff opposes the application for leave to appeal.

[3] In considering a leave to appeal there must be reasonable prospects that another court may come to a different conclusion.

[4] The respondent opposed this application on the basis that I had not erred in the findings and that there are no prospects that another court may come to a different conclusion.

[5] Having read the papers and having heard counsel I had considered the issues raised by the applicant in this leave to appeal in coming to a decision on the trial matter. I have dealt in depth with many of the issues raised in the application in my judgment.

[6] I am of the view that there are reasonable prospects that another court may come to a different conclusion. Leave to appeal should therefore be granted to the Full Court of the Gauteng Division.

[7] Accordingly the following order is made:

7.1 Leave to appeal to the Full Court of the Gauteng Division is hereby granted.

7.2 The costs of this application are to be costs in the appeal.

FRANCIS-SUBBIAH,

AJ

ACTING

JUDGE OF THE HIGH COURT OF SOUTH AFRICA

GAUTENG

DIVISION

PRETORIA

Counsel for the Applican/Defendant: Adv N Manaka

Instructed by:

State

Attorney

Counsel for the Respondent/ Plaintiff: Adv

NGD Maritz SC

Instructed by:

Joseph's

Inc

Date of Hearing: 13

October 2022

Date of Judgment: 19

October 2022

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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