Sephton v Anglo Operations (PTY) LTD and Others (31271/2020) [2024] ZAGPJHC 90 (2 February 2024)

IN THE HIGH COURT OF SOUTH AFRICA(GAUTENG DIVISION, JOHANNESBURG)

REPUBLIC

OF SOUTH AFRICA

CASE NO: 31271/2020

(1)REPORTABLE: YES/NO

(2)OF INTEREST TO OTHER JUDGES: YES/NO

(3)REVISED: YES/NO

In the matter between:

JOHN ROSS SEPHTON Applicant and

ANGLO OPERATIONS (PTY) LTD First Respondent

ANGLO AMERICAN PLATINUM (PTY) LTD

MMAPUTI

JEANNY MELLO

PITEAU

ASSOCIATES Second Respondent Third Respondent Fourth Respondent

JUDGMENT

(Leave to Appeal Application)

SENYATSI J:

[1] This is an application for leave to appeal the judgment handed down on 18 May 2022. The applicant has raised various grounds for appeal which will not be repeated in this judgment.

[2] Having considered the papers and the submissions made on behalf of the parties in this application for leave to appeal, I am of the view that the applicant has established that the appeal would succeed as required by section 17(1) of the Superior Courts Act, No; 10 of 2013.

ORDER

[15] The order is made in the following terms:

(a) Leave to appeal the judgment is granted to the full Court of this Division;

(b) The costs will be the costs in the appeal,

SENYATSI M L

JUDGE OF THE HIGH

COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION

Delivered: This judgment and order was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to Parties / their legal representatives by email and by uploading it to the electronic file of this matter on Case Lines. The date of the order is deemed to be the 2 February 2024.

Appearances:

For the Applicant:

Adv CB Garvey

Instructed by:

Otto Krause Inc Attorneys

For the First to Third Respondent: Adv L Segeels-Ncube

Instructed by:

Webber Wentzel

Date Judgment Reserved:

3 November 2023

Date of Judgment:

2 February 2024