Manamele and Another v Pudikabekwa (41557/2018) [2021] ZAGPPHC 177 (9 March 2021)

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO: 41557/2018

NOT

REPORTABLE

NOT

OF INTEREST TO OTHER JUDGES

NOT

REVISED

In the matter between:

KHASHANE

LA MMAPOWANA MANAMELE

First Applicant

MANAMELA MAROBELA & ASSOCIATES INCORPORATED Second Applicant

And

TIKANE

MOSES PUDIKABEKWA

Respondent

In re:

TIKANE

MOSES PUDIKWABEKWA

Plaintiff

KHASHANE

LA MMAPOWANA MANAMELA

First Defendant

MANAMELA MAROBELA & ASSOCIATES INCORPORATED Second Defendant

JUDGMENT

MOTHA AJ

1. This is an application for leave to appeal my judgment handed down on 18 January 2021. The Application is premised on the reasons set out in the Application for leave to appeal. There is little point in yet again traversing the reasons of this Application.

2. Firstly, it bears mentioning _that the Applicants brought an Application for condonation for the late filing of their leave to appeal. They submitted that there was confusion brought about by the uploading of a different matter on CaseLines. On 28 January 2021 this matter was finally uploaded on CaseLines. Hence, they experienced difficulties in computing the date on which to file the leave to appeal. It is trite that the standard for considering an application for condonation is the interest of justice. Vide Van Wyk v Unitas Hospital [2007] ZACC 24; 2008 (2) SA 472 (CC). Accordingly , it will not be in the interest of justice to refuse condonation under these circumstances. Therefore condonation is granted for the late filing of this Application.

3. The Applicants contend that there are reasonable prospects that another Court will come to a different conclusion .·However, the Respondent submits that this Application is without merit.

4. Having listened to the arguments presented by both the parties, I am of the opinion that none of the grounds set out in Section 17 of the Superior Courts Act exist. Therefore, I agree with the submissions made by the Respondent's Counsel that there are no reasonable prospects of another Court arriving at a different conclusion.

Order

5. In the result I make an order to the effect that there is no reasonable prospect that another Court might arrive at a different conclusion and, consequently, the Applicants' leave to appeal is refused with costs, on a party and party scale.

MOTHA

AJ

ACTING

JUDGE OF THE

HIGH COURT

GAUTENG

DIVISION OF THE HIGH COURT,

PRETORIA

Date of hearing: 09 March 2021

Date of judgment: 09 March 2021

Delivered: This judgement was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. The date for hand-down is deemed to be 09 Match 2021.

Appearances:

For the Applicant: Adv. R. Baloyi

(Instructed by Manamela Marobela & Associates Inc)

For the Respondent: Adv. D. Keet

(Instructed by Chantel Van Heerden Attorneys)