MEC for Education and Others v Morris Masilela on Behalf of Abel Motshoane High School Governing Body (159/2003) [2003] ZANWHC 70 (18 December 2003)

MEC for Education and Others v Morris Masilela on Behalf of Abel Motshoane High School Governing Body (159/2003) [2003] ZANWHC 70 (18 December 2003)

The court found that the matter is of considerable importance to both parties and the community. Upon reviewing the record and hearing submissions, the judge concluded that there are reasonable prospects that another court may reach a different conclusion, especially regarding the existence of a contract. Therefore, leave to appeal to the Full Bench is warranted. The case is closely connected to Case No. 296/03 and should be heard together with it. Costs of the application are to be costs in the cause of the appeal.

Citation
[2003] ZANWHC 70
Parties
Applicant: MEC for Education; Applicant: Superintendent General of the Department of Education; Applicant: Regional Manager (Bojanala East); Respondent: Morris Masilela on behalf of Abel Motshoane High School Governing Body
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
18 December 2003
Case Number
159/2003
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench
Outcome
Leave to appeal to the Full Bench of this Division is granted.
Judges
R.D Hendricks
Legal Topics
Leave to Appeal, Costs in the Cause, Contract Formation
Civil Procedure Leave to Appeal Costs in the Cause Contract Formation

Case Brief

Summary, issues, holding and outcome

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Parties

MEC for Education

Applicant

Superintendent General of the Department of Education

Applicant

Regional Manager (Bojanala East)

Applicant

Morris Masilela on behalf of Abel Motshoane High School Governing Body

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Full Bench of this Division.
  2. 2 Whether another court may reach a different conclusion regarding the existence of a contract.
  3. 3 Whether the matter should be heard together with Case No. 296/03.

Ratio Decidendi

The court found that the matter is of considerable importance to both parties and the community. Upon reviewing the record and hearing submissions, the judge concluded that there are reasonable prospects that another court may reach a different conclusion, especially regarding the existence of a contract. Therefore, leave to appeal to the Full Bench is warranted. The case is closely connected to Case No. 296/03 and should be heard together with it. Costs of the application are to be costs in the cause of the appeal.

Court Disposition

Leave to appeal to the Full Bench of this Division is granted.

Orders

  • The application for leave to appeal to the Full Bench of this Division is granted.
  • The costs of this application are costs in the cause of the appeal.