MEC for Health and Social Development of Gauteng Provincial Government v Mashilo and Another (70808/15) [2017] ZAGPPHC 663 (6 October 2017)
The court found that, after considering all grounds for leave to appeal and the submissions made by both parties, the applicant failed to demonstrate reasonable prospects of success on appeal. The court was not persuaded that another court would reach a different conclusion regarding the merits or the costs order....
Source-derived case information.
- Citation
- [2017] ZAGPPHC 663
- Parties
- Applicant: MEC for Health & Social Development of Gauteng Provincial Government; Respondent: Maseli K Mashilo; Respondent: Dr J Jacobs
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 70808/15
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Judgment
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- AC Basson
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
MEC for Health & Social Development of Gauteng Provincial Government
Applicant
Maseli K Mashilo
Respondent
Dr J Jacobs
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal against the judgment delivered on 14 July 2017.
- 2 Whether the order as to costs is susceptible to appeal.
Ratio Decidendi
The court found that, after considering all grounds for leave to appeal and the submissions made by both parties, the applicant failed to demonstrate reasonable prospects of success on appeal. The court was not persuaded that another court would reach a different conclusion regarding the merits or the costs order. Accordingly, the application for leave to appeal was dismissed with costs, including the costs of senior counsel.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs, including the costs consequent upon the employment of senior counsel.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
DATE: 06/10/2017
CASE NUMBER: 70808/15
REPORTABLE: NO
OF INTEREST TO OTHER JUDGES: NO
In the matter between:
THE MEC FOR HEALTH & SOCIAL DEVELOPMENT
OF GAUTENG PROVINCIAL GOVERNMENT
Applicant
and
MASELI K MASHILO First Respondent
DR J JACOBS
Second Respondent
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
AC BASSON,J
[1] This is an application for leave to appeal against the whole of the judgment delivered by this court on 14 July 2017. The applicant
raises various grounds on which leave to appeal is sought and submitted that another court may come to a different conclusion from
the conclusion reached by this court.
[2] I do not intend repeating all the grounds for leave to appeal. Suffice to point out that all the grounds have been considered. The parties have also furnished the court with detailed heads of argument dealing with each of the grounds for leave to appeal and have, in addition thereto, supplemented their heads of argument with oral argument in court.
[3] I have considered the submissions on behalf of the parties and I am not persuaded that the intended appeal has reasonable prospects of success. In respect of the order as to costs I am likewise of the view that the intended appeal has no reasonable prospects of success.
[4] In the event the following order is made:
The application for leave to appeal is dismissed with costs, including the costs consequent upon the employment of senior counsel.
__________________
AC BASSON
JUDGE OF THE HIGH COURT
Appearances:
On behalf of the applicant:
Adv. Adv N Cassim SC
Adv H Mpshe
Instructed by: State Attorney
On behalf of the first respondent:
Adv. S Joubert SC
H Botha
Instructed by: Adel van der Walt Inc.
On behalf of the second respondent:
Adv. J du Plessis SC
Instructed by: Serfontein Viljoen & Swart