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South Africa Judgment

North Gauteng High Court, Pretoria

Singh v South African Reserve Bank (35964/20) [2023] ZAGPPHC 1211 (22 September 2023)

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Source document

01

Holding and result

The court found that the applicant failed to provide any factual basis in the papers to support the allegations of arbitrariness, irrationality, or dictation. The analysis and findings of the previous judgment by Mngqibisa-Thusi J were endorsed. The court concluded that there was no reasonable prospect of success for the appeal and no compelling reason for it to be heard. Accordingly, 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.

02

Material facts

Parties

Surendra Singh

Applicant

South African Reserve Bank

Respondent

Amounts and remedies

  • Amount Attached: ZAR 40,000,000

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contended that the South African Reserve Bank's decision to attach R 40 million of his funds was arbitrary and irrational, and that the respondent acted on the dictation of another person. He argued that these grounds justified leave to appeal.
Respondent
The respondent maintained that its decision was lawful, rational, and based on proper grounds. It denied acting on dictation and argued that the applicant's papers did not establish any factual basis for the allegations. The respondent submitted that there was no reasonable prospect of success on appeal.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act, 10 of 2013

    Leave to appeal may only be granted if there is a reasonable prospect of success or another compelling reason for the appeal to be heard.

  2. 02

    Pharmaceutical Manufacturers Association of SA: In re Ex parte President of the RSA 2000 (2) SA 674 (CC)

    A decision is arbitrary or irrational if it is not based on reason or relevant facts.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicant failed to provide any factual basis in the papers to support the allegations of arbitrariness, irrationality, or dictation. The analysis and findings of the previous judgment by Mngqibisa-Thusi J were endorsed. The court concluded that there was no reasonable prospect of success for the appeal and no compelling reason for it to be heard. Accordingly, the application for leave to appeal was dismissed with costs.

Obiter and limits

  • The facts and analysis have been comprehensively dealt with in the previous judgment, and there is no need to repeat them here.
  • Respect is expressed for the findings of Mngqibisa-Thusi J, which are fully agreed with.

Court disposition

Application for leave to appeal dismissed with costs.

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

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2023] ZAGPPHC 1211

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

Case number: 35964/20

Date of hearing: 24 August 2023

Date delivered: 24 August 2023

Reasons: 22 September 2023

In the matter between:

SURENDRA

SINGH

Applicant

and

SOUTH

AFRICAN RESERVE BANK

Respondent

REASONS

FOR JUDGEMENT

SWANEPOEL J:

[1] On 24 August 2023 I heard an application for leave to appeal against a judgment of my sister Mngqibisa-Thusi J which she handed down on 20 February 2023.

[2] The notice of application for leave to appeal confined the grounds for appeal to essentially one proposition: That the respondent's decision to attach R 40 million belonging to applicant was arbitrary and irrational and that he was acting on °dictation" (sic) of another person.

[3] I do not intend to repeat the facts, as they are comprehensively dealt with in the judgment of Mngqibisa-Thusi J.Her analysis of the matter is also fully set out, and I respectfully agree with her findings. Suffice it to say, that I find no facts in the papers to support applicant's case.

[4] I may only grant leave to appeal if I believe that an appeal would have a reasonable prospect of success, or if there is another compelling reason why the appeal should be heard. I cannot find so in this case.

{5) For the aforesaid reasons I dismissed the application with costs.

SWANEPOEL

J

JUDGE

OF THE HIGH COURT

GAUTENG

DIVISION PRETORIA

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Pharmaceutical Manufacturers Association of SA: In re Ex parte President of the RSA 2000 (2) SA 674 (CC)

Case cited

Superior Courts Act, 10 of 2013

Legislation

Legislation referenced in the available case record.

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