Forensic Investigation Risk and Recovery Management (Pty) Ltd v Unemployment Insurance Fund and Others (088430-2024) [2024] ZAGPPHC 921 (16 September 2024)

Forensic Investigation Risk and Recovery Management (Pty) Ltd v Unemployment Insurance Fund and Others (088430-2024) [2024] ZAGPPHC 921 (16 September 2024)

The court found that, upon consideration of the grounds of appeal and the facts and law presented by the parties, the appeal has reasonable prospects of success. Furthermore, the matter is of substantial importance to both the applicant and the respondents and raises important constitutional issues and questions of law. The court concluded that there are compelling reasons for the appeal to be heard and granted leave to appeal to the Supreme Court of Appeal.

Citation
[2024] ZAGPPHC 921
Parties
Applicant: Forensic Investigation Risk and Recovery Management (Pty) Ltd; Respondent: Unemployment Insurance Fund; Respondent: 24SIX CA; Respondent: Altitude Business Advisory; Respondent: Chapu CA; Respondent: Ditheto Accountants; Respondent: Ezee Chartered Accountants; Respondent: Izala Verificators; Respondent: Izala Verificators CPT; Respondent: KST Holding; Respondent: Kulungwana Accountants; Respondent: Lebone La Africa Consultants; Respondent: Leolo and Partners Chartered Accountants; Respondent: Maine Management and Chartered Accountants; Respondent: Mkwanazi Investments; Respondent: MNB Chartered Accountants; Respondent: Morobi Chartered Accountants; Respondent: Nambe Financial Consultants; Respondent: Ndemex Consulting; Respondent: NKS CASA; Respondent: OMC Consulting; Respondent: RSND Consulting Professionals; Respondent: Samba Solutions; Respondent: Simdar Consulting; Respondent: Sondlo Chartered Accountants; Respondent: SVZ Consulting; Respondent: Thabi Consulting; Respondent: The Accounting Village; Respondent: Ubuntu Business Advisory and Consulting (UBAC Forensics); Respondent: The Department of Labour
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 September 2024
Case Number
088430-2024
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Costs Order in Urgent Court
Outcome
Leave to appeal granted to the first and twenty-third respondents to the Supreme Court of Appeal. Costs will be costs in the appeal.
Judges
Strijdom
Legal Topics
Leave to Appeal, Prospects of Success, Superior Courts Act, Costs in Appeal
Civil Procedure Leave to Appeal Prospects of Success Superior Courts Act Costs in Appeal

Case Brief

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Parties

Forensic Investigation Risk and Recovery Management (Pty) Ltd

Applicant

Unemployment Insurance Fund

Respondent

24SIX CA

Respondent

Altitude Business Advisory

Respondent

Chapu CA

Respondent

Ditheto Accountants

Respondent

Ezee Chartered Accountants

Respondent

Izala Verificators

Respondent

Izala Verificators CPT

Respondent

KST Holding

Respondent

Kulungwana Accountants

Respondent

Lebone La Africa Consultants

Respondent

Leolo and Partners Chartered Accountants

Respondent

Maine Management and Chartered Accountants

Respondent

Mkwanazi Investments

Respondent

MNB Chartered Accountants

Respondent

Morobi Chartered Accountants

Respondent

Nambe Financial Consultants

Respondent

Ndemex Consulting

Respondent

NKS CASA

Respondent

OMC Consulting

Respondent

RSND Consulting Professionals

Respondent

Samba Solutions

Respondent

Simdar Consulting

Respondent

Sondlo Chartered Accountants

Respondent

SVZ Consulting

Respondent

Thabi Consulting

Respondent

The Accounting Village

Respondent

Ubuntu Business Advisory and Consulting (UBAC Forensics)

Respondent

The Department of Labour

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Costs Order in Urgent Court

Legal Issues

  1. 1 Whether leave to appeal should be granted to the first and twenty-third respondents against the judgment and costs order handed down on 20 August 2024.
  2. 2 Whether the appeal has reasonable prospects of success or there are compelling reasons for it to be heard.

Ratio Decidendi

The court found that, upon consideration of the grounds of appeal and the facts and law presented by the parties, the appeal has reasonable prospects of success. Furthermore, the matter is of substantial importance to both the applicant and the respondents and raises important constitutional issues and questions of law. The court concluded that there are compelling reasons for the appeal to be heard and granted leave to appeal to the Supreme Court of Appeal.

Court Disposition

Leave to appeal granted to the first and twenty-third respondents to the Supreme Court of Appeal. Costs will be costs in the appeal.

Orders

  • Leave to appeal is granted to the first and twenty-third respondents to the Supreme Court of Appeal.
  • Costs will be costs in the appeal.