South Africa Case Law

Sasol Financing International PLC v Commissioner for the South African Revenue Services (Leave to Appeal) (2018/58410; 2019/66502)

Sasol Financing International PLC v Commissioner for the South African Revenue Services (Leave to Appeal) (2018/58410; 2019/66502) [2024] ZAGPPHC 967 (20 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2018/58410; 2019/66502

Judge

Mokose

The High Court granted the applicants leave to appeal to the Supreme Court of Appeal and ordered that the costs of the leave application be costs in the appeal.

• Leave To Appeal
• Prospects Of Success
• Costs In The Appeal
• Section 17 Superior Courts Act
• Leave-to-appeal
• Supreme-court-of-appeal

Afriforum v South African Human Rights Commission and Others (14370-2019)

Afriforum v South African Human Rights Commission and Others (14370-2019) [2024] ZAGPJHC 317 (27 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

14370/2019

Judge

Roland Sutherland

The High Court granted leave to appeal to the SAHRC and conditional leave to Afriforum to cross-appeal over reviewability of a 2019 decision, with costs reserved to the appeal.

• Review Of Administrative Action
• Leave To Appeal
• Cross Appeal
• Costs In The Appeal
• Leave-to-appeal
• Cross-appeal

Gallant v Minister of Defence and Military Veterans and Others (63900/2019)

Gallant v Minister of Defence and Military Veterans and Others (63900/2019) [2024] ZAGPPHC 101 (13 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

63900/2019

Judge

Holland-Muter

The High Court granted the applicant leave to appeal to the Full Court and ordered that the costs of the leave application be costs in the appeal.

• Leave To Appeal
• Costs In The Appeal
• Leave-to-appeal
• Costs-in-the-appeal
• Civil-procedure

City of Tshwane Metropolitan Municipality v Malvigenix NPC t/a Wecanwin and Others

City of Tshwane Metropolitan Municipality v Malvigenix NPC t/a Wecanwin and Others [2023] ZAGPPHC 307; 90433/2018 (10 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

90433/2018

Judge

S. Potterill

The High Court granted leave to appeal to the Supreme Court of Appeal, finding compelling reasons for further review and ordering costs to follow the appeal.

• Leave To Appeal
• Costs In The Appeal
• Leave-to-appeal
• Costs-in-the-appeal
• Civil-procedure

Unlawful Occupiers of 108 Properties situated in Rustenburg v Sibanye Platinum Mines and Others (CIV APP FB 01/18)

Unlawful Occupiers of 108 Properties situated in Rustenburg v Sibanye Platinum Mines and Others (CIV APP FB 01/18) [2023] ZANWHC 30 (3 March 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 01/18

Judge

Reddy

The court considered the statutory requirements for granting leave to appeal under section 17(1) of the Superior Courts Act and the raised threshold for such applications. The applicants presented exhaustive grounds of appeal challenging the factual findings, legal principles, and orders of the previous judgment. The court found that, conjunctively and on the grounds cited, the applicants' appeal would have a reasonable prospect of success. Accordingly, leave to appeal was granted to the Full Court of the Division, and the costs of the application were ordered to be costs in the appeal.

Source excerpt

• Leave To Appeal
• Reasonable Prospects Of Success
• Superior Courts Act
• Costs In The Appeal

Waco Africa (PTY) Limited t/a SGB-Cape v Eskom SOC Limited and Others; Southey Contracting (PTY) Limited v Eskom SOC Limited and Others (5798/2021; 3047/2022)

Waco Africa (PTY) Limited t/a SGB-Cape v Eskom SOC Limited and Others; Southey Contracting (PTY) Limited v Eskom SOC Limited and Others (5798/2021; 3047/2022) [2022] ZAGPJHC 827 (21 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

5798/2021; 3047/2022

Judge

L R Adams

The High Court granted leave to appeal in two review matters about Eskom’s tender award, applying the higher post-2013 threshold and finding reasonable prospects of success.

• Public Procurement
• Review Of Tender Award
• Construction Industry Development Board Act
• Leave To Appeal Threshold
• Costs In The Appeal
• Leave-to-appeal

Louwen v MEC For The Department of Health Gauteng (35801/19)

Louwen v MEC For The Department of Health Gauteng (35801/19) [2022] ZAGPPHC 840 (19 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

35801/19

Judge

Francis-Subbiah

The High Court granted the defendant leave to appeal, finding reasonable prospects that another court may reach a different conclusion. Costs were made costs in the appeal.

• Leave To Appeal
• Reasonable Prospects
• Costs In The Appeal
• Leave-to-appeal
• Reasonable-prospects
• Costs-in-the-appeal

SATAWU obo Ramotsonga v GVR Vervoer BK t/a Trio Vervoer (JS 331/19)

SATAWU obo Ramotsonga v GVR Vervoer BK t/a Trio Vervoer (JS 331/19) [2022] ZALCJHB 200 (22 July 2022)

Court

Labour Court Johannesburg

Case number

JS 331/19

Judge

G N Moshoana

The Labour Court granted leave to appeal, finding that the application showed reasonable prospects of success. Costs were ordered to be costs in the appeal.

• Leave To Appeal
• Costs In The Appeal
• Leave-to-appeal
• Costs-in-the-appeal
• Labour-court

Road Accident Fund v Auditor-General of South Africa (Leave to Appeal) (1452/2022)

Road Accident Fund v Auditor-General of South Africa (Leave to Appeal) (1452/2022) [2022] ZAGPPHC 307 (4 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

1452/2022

Judge

C Collis

The court found that, upon consideration of the written heads of argument and oral submissions, the applicant had demonstrated a reasonable prospect that another court would come to a different conclusion regarding the order dismissing the initial application. The court applied the heightened threshold for granting leave to appeal as set out in section 17 of the Superior Courts Act and relevant case law, and concluded that the applicant satisfied the requirements for leave to appeal. Accordingly, leave to appeal to the Supreme Court of Appeal was granted, with costs to be costs in the appeal.

Source excerpt

• Leave To Appeal
• Reasonable Prospect Of Success
• Costs In The Appeal

Standard Bank Nominees (Transvaal) (Pty) Ltd and Others v Investec Bank Limited and Another (19269/2011)

Standard Bank Nominees (Transvaal) (Pty) Ltd and Others v Investec Bank Limited and Another (19269/2011) [2022] ZAGPPHC 28 (2 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

19269/2011

Judge

A C Basson

The High Court granted leave to appeal to the Supreme Court of Appeal after finding reasonable prospects of success. Costs were ordered to follow the appeal.

• Leave To Appeal
• Prospects Of Success
• Costs In The Appeal
• Leave-to-appeal
• Reasonable-prospects-of-success
• Costs-in-the-appeal