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

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

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.

Citation
[2023] ZAGPPHC 1211
Parties
Applicant: Surendra Singh; Respondent: South African Reserve Bank
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 September 2023
Case Number
35964/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Swanepoel
Legal Topics
Leave to Appeal, Arbitrariness, Irrationality, Dictation, Attachment of Funds
Civil Procedure Administrative Law Leave to Appeal Arbitrariness Irrationality Dictation Attachment of Funds

Case Brief

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Parties

Surendra Singh

Applicant

South African Reserve Bank

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the respondent's decision to attach R 40 million belonging to the applicant was arbitrary and irrational.
  2. 2 Whether the respondent acted on dictation from another person.
  3. 3 Whether there is a reasonable prospect of success for the appeal.

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.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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