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South Africa Judgment

North Gauteng High Court, Pretoria

Zana v Gwanzura (Leave to Appeal) (2025-068106) [2025] ZAGPPHC 710 (17 July 2025)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that none of the grounds of appeal raised by the applicant met the threshold for granting leave to appeal. On urgency and lis pendens, no other court would reasonably come to a different conclusion. The respondent's permanent employment was proven, and the relocation was reasonable. The absence of a family advocate report did not prejudice the applicant, as both parents were fit and the applicant had not shown recent contact with the child. The child's age and maturity did not warrant a view being presented. The Plascon-Evans rule was not applied rigidly, and there was no compelling reason for leave to appeal under section 17(1)(2). The application was brought under a misdirection and 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

Yolanda Charlotte Zana

Applicant Counsel: Adv. I. Mpofu

Munyaradzi Justin Gwanzura

Respondent Counsel: Adv. L. Grobler

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal After Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that the matter was urgent and that the issue of lis pendens was not properly considered. She contended that the court erred in finding the relocation reasonable, asserting that the respondent's employment status was not sufficiently proven. The applicant further argued that a family advocate report was necessary before a decision could be made, and that the child's view should have been presented through the family advocate. She also claimed that the Plascon-Evans rule should not have been applied rigidly.
Respondent
The respondent maintained that the urgency and lis pendens grounds were correctly dismissed. He provided proof of permanent employment and argued that the relocation was reasonable. The respondent asserted that both parents are fit and that primary care was agreed to be with him. He submitted that the applicant had not provided evidence of contact with the child for the past seven months and that the child, being 4½ years old, was not mature enough to express a view. He argued that the Plascon-Evans rule was not applied rigidly and that there was no compelling reason for leave to appeal.

05

Court’s reasoning

  1. 01

    Section 17(1) Superior Courts Act 10 of 2013

    Leave to appeal will only be granted if another court could reasonably come to a different conclusion.

  2. 02

    Plascon-Evans Paints Ltd v Van Riebeeck Paints (Pty) Ltd 1984 (3) SA 623 (A)

    The Plascon-Evans rule governs the approach to factual disputes in motion proceedings, but should not be applied rigidly.

06

Ratio, limits and disposition

Ratio decidendi

The court found that none of the grounds of appeal raised by the applicant met the threshold for granting leave to appeal. On urgency and lis pendens, no other court would reasonably come to a different conclusion. The respondent's permanent employment was proven, and the relocation was reasonable. The absence of a family advocate report did not prejudice the applicant, as both parents were fit and the applicant had not shown recent contact with the child. The child's age and maturity did not warrant a view being presented. The Plascon-Evans rule was not applied rigidly, and there was no compelling reason for leave to appeal under section 17(1)(2). The application was brought under a misdirection and was dismissed with costs.

Obiter and limits

  • A 4½ year old child is not of sufficient age or maturity for their view to be determinative in relocation matters.
  • If the application of the Plascon-Evans rule results in conflicting judgments, the proper route for appeal is under section 17(1)(2) for compelling reasons.

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

[2025] ZAGPPHC 710

IN

THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

Case Number: 2025-068106

(1) REPORTABLE: NO.

(2) OF INTEREST TO OTHER JUDGES: NO.

(3) REVISED.

DATE 2025-07-17

SIGNATURE

In the matter between:

YOLANDA

CHARLOTTE

ZANA

Applicant

and

MUNYARADZI

JUSTIN GWANZURA

Respondent

This judgment was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. The date for handing down is deemed to be 17 July 2025.

JUDGMENT:

APPLICATION FOR LEAVE TO APPEAL

POTTERILL J

[1] On the grounds of appeal relating to the urgency of the matter and lis pendens no other court would reasonably come to another conclusion and the application for leave to appeal on these grounds are dismissed.

[2] On the ground raised that the Court erred in finding that the relocation was reasonable because the respondent had permanent employment the leave to appeal is dismissed. The proof of employment was proven and there was no evidence to the contrary. No other Court will come to another conclusion.

[3] The ground that the Court could not make a decision without a family advocate report is dismissed as no other court would reasonably come to another conclusion. Both parents are fit parents, the primary care was by agreement between the parties with the respondent. The applicant had put no evidence before the Court as to what contact she had with the child for the last 7 months. The main contention that the view of the child should have been presented through the family advocate was dismissed. A 41/2 year old is not of the age and maturity to give a view.

[4] The fact that the Court applied the Plascon-Evans rule is dismissed. The applicant’s own contention in the heads of argument is that the test must not be applied “rigidly”.

The test was not applied rigidly. No other Court will come to another conclusion. If the application of the Plascon-Evans rule has resulted in conflicting judgments then the appeal should have been brought in terms of section 17(1)(2) “there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration.”

It was however brought under a misdirection by the Court.

[5] The following order is made:

The application for leave to appeal is dismissed with costs.

S.

POTTERILL

JUDGE

OF THE HIGH COURT

CASE NO: 2025-068106

HEARD ON: 16 July 2025

FOR THE APPLICANT: ADV. I. MPOFU

INSTRUCTED BY: Marumoagae Attorneys

FOR THE RESPONDENT: ADV. L. GROBLER

INSTRUCTED BY: Swart Weil Van der Merwe Greenberg Incorporated

DATE OF JUDGMENT: 17 July 2025

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Authorities

Authorities used by the court

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

Plascon-Evans Paints Ltd v Van Riebeeck Paints (Pty) Ltd 1984 (3) SA 623 (A)

Case cited

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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