National Council of and for persons with disabilities v Independent Communications Authority of South Africa (49918/2021) [2024] ZAGPPHC 443 (30 April 2024)
The court found that it is reasonably arguable that the learned judge erred in finding that there was unreasonable delay and that the applicant had not established a good case on the merits. Given the prospects of success and the importance of the rights at issue, the court held that leave to appeal to the Supreme...
Source-derived case information.
- Citation
- [2024] ZAGPPHC 443
- Parties
- Applicant: National Council of and for persons with disabilities; Respondent: Independent Communications Authority of South Africa
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 49918/2021
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal From Judgment of Tolmay J
- Outcome
- Leave to appeal to the Supreme Court of Appeal is granted.
- Judges
- Tuchten
- Legal Topics
- Unreasonable Delay, Leave to Appeal, Merits Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Council of and for persons with disabilities
Applicant
Independent Communications Authority of South Africa
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal From Judgment of Tolmay J
Legal Issues
- 1 Whether the applicant delayed unreasonably in bringing the application.
- 2 Whether the applicant established a good case on the merits for appeal.
- 3 Whether leave to appeal should be granted to the Supreme Court of Appeal.
Ratio Decidendi
The court found that it is reasonably arguable that the learned judge erred in finding that there was unreasonable delay and that the applicant had not established a good case on the merits. Given the prospects of success and the importance of the rights at issue, the court held that leave to appeal to the Supreme Court of Appeal should be granted.
Court Disposition
Leave to appeal to the Supreme Court of Appeal is granted.
Orders
- The applicant is granted leave to appeal to the Supreme Court of Appeal.
- The costs of the application for leave to appeal will stand over, pending the decision on appeal.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 49918/2021
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
30/04/24
In the matter between:
NATIONAL COUNCIL OF AND FOR PERSONS
WITH DISABILITIES
Applicant
and
INDEPENDENT COMMUNICATIONS AUTHORITY
OF SOUTH AFRICA
Respondent
JUDGMENT
Tuchten J:
1 This is an application for leave to appeal from a judgment of Tolmay J, who is presently serving in the SCA.
2 The decision of the learned judge was based on the conclusion that the applicant had delayed unreasonably in bringing the application. The learned judge adverted to the merits in a single paragraph and found that the applicant’s submissions on the merits were unfounded. In my view it is reasonably arguable that the learned judge erred in finding that there was unreasonable delay and, further, that the applicant had not established a good case on the merits.
3 In my view, therefore, there are prospects of success in the proposed appeal. The issues and the importance of the rights are such that the appeal ought to be heard by the SCA.
4 I make the following order:
1 The applicant is granted leave to appeal to the Supreme Court of Appeal.
2 The costs of the application for leave to appeal will stand over, pending the decision on appeal.
NB Tuchten
Judge of the High Court
30 April 2024
NatCounDeafICASA.jm1
For the applicant: Adv G Marcus SC and Adv E Watson Instructed by: Webber Wentzel Sandton For the respondent: Adv K Tsatsawane SC and Adv L Swandile Instructed by: HM Chaane Attorneys Inc Centurion