Mwale v Financial Services Tribunal and Another (Leave to Appeal) (92967/2019) [2021] ZAGPPHC 528; [2021] 4 All SA 167 (GP) (17 August 2021)

Mwale v Financial Services Tribunal and Another (Leave to Appeal) (92967/2019) [2021] ZAGPPHC 528; [2021] 4 All SA 167 (GP) (17 August 2021)

The court found that the correct interpretation, scope, and application of the relevant Notice and statutory provisions present sufficient grounds to grant leave to appeal. However, the matter does not involve a question of law of such importance or general application as to require consideration by the Supreme Court of Appeal. Accordingly, leave to appeal is granted to the full court of the division, and the costs of the application for leave to appeal shall be costs in the appeal.

Citation
[2021] ZAGPPHC 528
Parties
Applicant: Mighty Mwale; Respondent: Financial Services Tribunal; Respondent: Prudential Authority
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 August 2021
Case Number
92967/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Main Judgment
Outcome
Leave to appeal granted to the full court of the division; costs of the application for leave to appeal shall be costs in the appeal.
Judges
Yvan Coertzen
Legal Topics
Leave to Appeal, Superior Courts Act, Costs in the Appeal
Civil Procedure Leave to Appeal Superior Courts Act Costs in the Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Mighty Mwale

Applicant

Financial Services Tribunal

Respondent

Prudential Authority

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Main Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted to the applicant.
  2. 2 Whether the appeal should be directed to the Supreme Court of Appeal or the full court of the division.
  3. 3 Whether there is a compelling reason for the appeal to be heard.

Ratio Decidendi

The court found that the correct interpretation, scope, and application of the relevant Notice and statutory provisions present sufficient grounds to grant leave to appeal. However, the matter does not involve a question of law of such importance or general application as to require consideration by the Supreme Court of Appeal. Accordingly, leave to appeal is granted to the full court of the division, and the costs of the application for leave to appeal shall be costs in the appeal.

Court Disposition

Leave to appeal granted to the full court of the division; costs of the application for leave to appeal shall be costs in the appeal.

Orders

  • Leave to appeal is granted to the full court of this division.
  • The costs of the application for leave to appeal shall be costs in the appeal.