Institute for Economic Justice and Another v Minister of Social Development and Others (071891/2023) [2025] ZAGPPHC 369 (25 April 2025)

Institute for Economic Justice and Another v Minister of Social Development and Others (071891/2023) [2025] ZAGPPHC 369 (25 April 2025)

The court found that the original order issued on 18 March 2025 contained ambiguity regarding the granting of leave to appeal and the costs order, which impeded the proper processing of the respondents' Notice of Appeal. In terms of Rule 42(1)(b) of the Uniform Rules of Court, the court has the power to vary its order to correct such ambiguity. Accordingly, the order was amended to explicitly grant the respondents leave to appeal to the Supreme Court of Appeal and to clarify that costs will be costs in the appeal.

Citation
[2025] ZAGPPHC 369
Parties
Applicant: Institute for Economic Justice; Applicant: #PAYTHEGRANTS; Respondent: Minister of Social Development; Respondent: South African Social Security Agency; Respondent: Minister of Finance
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 April 2025
Case Number
071891/2023
Procedural Posture
Variation Application / Variation Order Following Judgment; Leave to Appeal Granted
Outcome
Order varied to grant leave to appeal and clarify costs; respondents may proceed with appeal.
Judges
Twala M L
Legal Topics
Rule 42 Variation, Leave to Appeal, Costs in Appeal
Civil Procedure Rule 42 Variation Leave to Appeal Costs in Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Institute for Economic Justice

Applicant

#PAYTHEGRANTS

Applicant

Minister of Social Development

Respondent

South African Social Security Agency

Respondent

Minister of Finance

Respondent

Procedural Posture

Variation Application / Variation Order Following Judgment; Leave to Appeal Granted

Legal Issues

  1. 1 Whether the original order required amendment or clarification to facilitate the appeal process.
  2. 2 Whether leave to appeal should be formally granted to the respondents.

Ratio Decidendi

The court found that the original order issued on 18 March 2025 contained ambiguity regarding the granting of leave to appeal and the costs order, which impeded the proper processing of the respondents' Notice of Appeal. In terms of Rule 42(1)(b) of the Uniform Rules of Court, the court has the power to vary its order to correct such ambiguity. Accordingly, the order was amended to explicitly grant the respondents leave to appeal to the Supreme Court of Appeal and to clarify that costs will be costs in the appeal.

Court Disposition

Order varied to grant leave to appeal and clarify costs; respondents may proceed with appeal.

Orders

  • The respondents are granted leave to appeal to the Supreme Court of Appeal.
  • Costs to be costs in appeal.