Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022) [2024] ZAGPPHC 946 (17 September 2024)

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO: 013715/2022

(1) REPORTABLE: NO

(2) OF INTEREST TO OTHER JUDGES: NO

(3) REVISED.

Date: 17/09//2024

ML TWALA

In the matter between:

TOPIGS NORSVIN SA PROPRIETARY

LIMITED

APPLICANT

And

ESKOM HOLDINGS SOC LTD

FIRST RESPONDENT

ANDRE MARINUS de RUYTER

SECOND RESPONDENT

CALIB CASSIM

THIRD RESPONDENT

MALEGAPURU WILLIAM MAKGOBA

FOURTH RESPONDENT

BANOTHILE CHARITY MAKHUBELA

FIFTH RESPONDENT

PULANE ELSIE MOLOKWANE

SIXTH RESPONDENT

BUSISIWE MAVUSO

SEVETH RESPONDENT

RODERICK de BRASSIC CROMPTON

EIGHT RESPONDENT

TSHEPO HERBERT TONG-MONGALO

NINTH RESPONDENT

MLAWULI MAYOR MAJINGOLO

TENTH RESPONDENT

DEIDRE HERBST

ELEVENTH RESPONDENT

BONGUMUSA MASHAZI

TWELFTH

RESPONDENT

LESIBA KGOBE

THIRTEENTH RESPONDENT

MINSTER OF WATER AND SANITATION FOURTEENTH

RESPONDENT

DIRECTOR-GENERAL: DEPARTMENT OF

WATER AND SANITATION

FIFTEENTH RESPONDENT

MINSTER OF FORESTRY, FISHERIES

AND THE ENVIRONMENT

SIXTEENTH RESPONDENT

FORESTRY, FISHERIES AND THE

ENVIRONMENT

SEVENTEEN RESPONDENT

MINISTER OF MINRAL RESOURCES

AND ENERGY

EIGHTEENTH RESPONDENT

NATIONAL ENERGY REGULATOR OF

SOUTH AFRICA

NINETEENTH RESPONDENT

CLIVE RAYMOND LE ROUX

TWENTIETH RESPONDENT

PAUL MPHO MAKWANA

TWENTY- FIRST RESPONDENT

AUSTIN LESLIE MKHABELA

TWENTY-SECOND RESPONDENT

BUSISIWE VILAKAZI

TWENTY-THIRD RESPONDENT

LWAZI LEON GOQWANA

TWENTY-FOURTH RESPONDENT

FATHIMA BEE BEE ABDUL GANY

TWENTY-FIFTH RESPONDENT

ANYANDA PEARL ZINHLE

MAFULEKA

TWENTY-SIXTH

RESPONDENT

TSKANI LOTTEN MTHOMBENI

TWENTY-SEVENTH RESPONDENT

BEKI ZACHARIA NTSHALINTSHALI TWENTY-EIGHT RESPONDENT

NTETO NYATHI

TWENTY-NINETH RESPONDENT

TRYPHOSA RAMANO

THIRTIETH RESPONDENT

CLAUSELLE von ECK

THIRTY-FIRST RESPONDENT

JUDGMENT

TWALA J

[1] On the 19 June 2024 this Court handed down the judgment in this case dismissing the applicant’s application with no order as to costs. Dissatisfied with the whole judgment and order, the applicant launched an application for leave to appeal. On the 28 August 2024, realising a patent error in its judgment of the 19 June 2024 and after inviting the parties to make any further submissions in relation thereto, the Court handed down its judgment in terms of Rule 42 of the Uniform Rules of Court.

[2] Further, it is noteworthy that the parties agreed that, for the sake of convenience and to avoid unnecessary delay in the hearing of this application, the matter be determined on the papers.

[3] It is a trite principle of our law that leave to appeal may only be given where the Judge or Judges concerned are of the opinion that the appeal would have a reasonable prospect of success or where there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration.[1]

[4] The grounds for the leave to appeal are succinctly stated in the notice of application for leave to appeal and I do not intend to repeat them in this judgment. Furthermore, I am grateful to counsel for the parties for the heads of argument and the submissions made therein.

[5] I am satisfied that I have covered and considered all the issues raised in the application for leave to appeal in my judgment. I am therefore not persuaded by the applicant that there are reasonable prospects of success in this appeal. Put differently, it is my considered view that there is no prospect that another Court would come to a different conclusion in this case. Therefore, the inescapable conclusion is that the application for leave to appeal the judgment falls to be dismissed.

[6] In the result, the following order is made:

1. The application for leave to appeal is dismissed with no order as to costs.

TWALA M L

JUDGE OF THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION

For the Applicant: Advocate MM Oosthuizen SC Advocate N Fourie Instructed by: Bishop Fraser Attorney Tel: 010 035 4944 davide@bishopfraser.co.za For the Eskom Respondents: Advocate P Lazarus SC Advocate B Dhladhla (First to Tenth, Eleventh to Thirteenth and Twentieth to Thirty-First respondents) Instructed by: Edward Nathan Sonnenbergs Inc Tel: 011 269 7600 hhugo@ensafrica.com For the State Respondents: Advocate A Liversage SC (Fourteenth to Seventeenth Respondents) Advocate L Maite Instructed by: Office of the State Attorney, Pretoria Tel: 012 309 1500 sakhosa@justice.gov.za For the Nineteenth Respondent: Advocate Mahlangu Instructed by: Mchunu Attorneys Tel: 011 778 4060 titus@mchunu.co.za Date of Hearing: SUBMISSIONS ON PAPER Date of Judgment: 17 September 2024

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 17 September 2024.

[1] See section 17 (1)(a)(i) and (ii) of the Superior Courts Act, 10 of 2013.