Schreiber and Another v African National Congress (26339/2021) [2023] ZAGPJHC 819 (24 July 2023)

Schreiber and Another v African National Congress (26339/2021) [2023] ZAGPJHC 819 (24 July 2023)

The court found that none of the issues raised by the applicants, whether in heads of argument or oral submissions, provided a reasonable prospect of success on appeal. Furthermore, no compelling reason was presented to justify referral to an appellate court. The court emphasized that it is confined to adjudicating only those issues properly referred to it during the hearing. Consequently, the application for leave to appeal was dismissed with costs.

Citation
[2023] ZAGPJHC 819
Parties
Applicant: Leon Amos Schreiber; Applicant: Democratic Alliance; Respondent: African National Congress
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 July 2023
Case Number
26339/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Wepener
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Costs Order
Civil Procedure Leave to Appeal Reasonable Prospect of Success Costs Order

Case Brief

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Parties

Leon Amos Schreiber

Applicant

Democratic Alliance

Applicant

African National Congress

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal.
  2. 2 Whether there is a compelling reason to refer the matter to an appeal court.

Ratio Decidendi

The court found that none of the issues raised by the applicants, whether in heads of argument or oral submissions, provided a reasonable prospect of success on appeal. Furthermore, no compelling reason was presented to justify referral to an appellate court. The court emphasized that it is confined to adjudicating only those issues properly referred to it during the hearing. Consequently, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.