Malgas and Others v Minister of Justice and Correctional Services (73418/16) [2021] ZAGPPHC 114 (24 February 2021)

Malgas and Others v Minister of Justice and Correctional Services (73418/16) [2021] ZAGPPHC 114 (24 February 2021)

The court found that the legal issues raised in the application are novel and that there is a lack of legal authority on the matter. Referring to the comments in Alves v LOM Business Solutions (Pty) Ltd and Another, the judge concluded that another court might reasonably reach a different decision. After considering the submissions of both parties, the court was satisfied that the application for leave to appeal had a reasonable prospect of success and therefore granted leave to appeal to the Full Court.

Citation
[2021] ZAGPPHC 114
Parties
Plaintiff: Peter Thembekile Malgas; Plaintiff: Alfred Disco Biyela; Plaintiff: Boswell John Mhlongo; Defendant: Minister of Justice and Correctional Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 February 2021
Case Number
73418/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court
Outcome
Leave to appeal granted to the Full Court of the Gauteng High Court; costs to be costs in the appeal.
Judges
BAQWA
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Costs in Appeal
Civil Procedure Leave to Appeal Reasonable Prospect of Success Costs in Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Thembekile Malgas

Plaintiff

Alfred Disco Biyela

Plaintiff

Boswell John Mhlongo

Plaintiff

Minister of Justice and Correctional Services

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Court

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Full Court.
  2. 2 Whether the appeal has a reasonable prospect of success.
  3. 3 Whether there are compelling reasons for the appeal to be heard.

Ratio Decidendi

The court found that the legal issues raised in the application are novel and that there is a lack of legal authority on the matter. Referring to the comments in Alves v LOM Business Solutions (Pty) Ltd and Another, the judge concluded that another court might reasonably reach a different decision. After considering the submissions of both parties, the court was satisfied that the application for leave to appeal had a reasonable prospect of success and therefore granted leave to appeal to the Full Court.

Court Disposition

Leave to appeal granted to the Full Court of the Gauteng High Court; costs to be costs in the appeal.

Orders

  • Leave to appeal is granted to the Full Court of the Gauteng High Court.
  • Costs to be costs in the appeal.