Manala v Minister of Police and Others (Leave to Appeal) (13342/2013) [2023] ZAGPPHC 1110 (4 September 2023)
The court found that there are no reasonable prospects that another court would reach a different conclusion on the merits. The claim for past medical expenses was not proven as no evidence was presented, and the claim for past loss of income was abandoned by the applicant's counsel. Accordingly, the application for...
Source-derived case information.
- Citation
- [2023] ZAGPPHC 1110
- Parties
- Applicant: Andre Tseledi Manala; Respondent: Minister of Police; Respondent: Captain G T Hoys; Respondent: Captain Joseph Mashabane; Respondent: Constable A Plaatjie
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 13342/2013
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- S. Potterill
- Legal Topics
- Leave to Appeal, Costs Order, Medical Expenses Claim, Loss of Income Claim
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andre Tseledi Manala
Applicant
Minister of Police
Respondent
Captain G T Hoys
Respondent
Captain Joseph Mashabane
Respondent
Constable A Plaatjie
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether there are reasonable prospects that another court would reach a different conclusion on the merits of the case.
- 2 Whether the claim for past medical expenses was proven before the court.
- 3 Whether the claim for past loss of income was abandoned by the applicant's counsel.
Ratio Decidendi
The court found that there are no reasonable prospects that another court would reach a different conclusion on the merits. The claim for past medical expenses was not proven as no evidence was presented, and the claim for past loss of income was abandoned by the applicant's counsel. 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
30 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case Number: 13342/2013
(1) REPORTABLE: YES / NO.
(2) OF INTEREST TO OTHER JUDGES: YES / NO.
(3) REVISED. YES
DATE: 4/9/2023
SIGNATURE
In the matter between:
ANDRE TSELEDI MANALA
Applicant
and
MINISTER OF POLICE
First Respondent
CAPTAIN G T HOYS
Second Respondent
CAPTAIN JOSEPH MASHABANE
Third Respondent
CONSTABLE A PLAATJIE
Fourth Respondent
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
POTTERILL J
[1] I read the grounds of appeal, listened and considered the arguments and I am satisfied that no other court would reasonably come to another conclusion.
[2] As for the past medical expenses the record will reflect that the plaintiff put no evidence before the court for this claim and it was accordingly not proven and there was no claim to determine.
[3] The ground of appeal against the past loss of income is troubling as the counsel for the plaintiff on record abandoned this claim.
[4] I accordingly make the following order:
The application for leave to appeal is dismissed with costs.
S. POTTERILL
JUDGE OF THE HIGH COURT
CASE NO: 13342/2013 HEARD ON: 1 September 2023 FOR THE PLAINTIFF: ADV. M.R. MAPHUTHA INSTRUCTED BY: Makhafola & Verster Incorporated FOR THE DEFENDANTS: ADV. J.C. VAN EEDEN INSTRUCTED BY: Gildenhuys Malatji Incorporated DATE OF JUDGMENT: 4 September 2023