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[2010] ZAGPJHC 2
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Mustafa v Minister of Home Affairs and Others (Application for leave to appeal) (2009/52898) [2010] ZAGPJHC 2 (11 January 2010)
IN THE HIGH COURT OF
SOUTH AFRICA
SOUTH GAUTENG HIGH COURT
JOHANNESBURG
CASE No. 2009/52898
In the application for leave to appeal
between:
MUSTAFA
AMAN ARSE
Applicant
and
MINISTER
OF HOME AFFAIRS
First
Respondent
DIRECTOR-GENERAL
DEPARTMENT OF HOME AFFAIRS
Second
Respondent
BOSASA
(PTY) LTD T/A PROSPECTS TRADING
Third
Respondent
JUDGMENT
WILLIS J:
This is an application for leave to
appeal against the judgment and order which I gave in this matter on
Thursday, 7th January,
2010.
The case involves novel principles of
law and the interpretation of relatively new legislation. It also
entails a difficult “balancing
act” between competing
interests and rights. The respondents very fairly and correctly did
not oppose the application.
I am satisfied that there are
reasonable prospects of success on appeal. The matter certainly
touches upon important issues of
law and indeed is of considerable
importance to the parties.
The parties
agreed that if leave to appeal were to be granted the appropriate
forum to hear the appeal would be the Supreme Court
of Appeal. I too
agree. The case deserves a further hearing before our “elders”
in the hierarchy of courts.
The following order is made:
(i)
The application for
leave to appeal is granted;
The appeal is directed to the Supreme
Court of Appeal;
The costs in the application for leave
to appeal are to be costs in the appeal;
The registrar of the Supreme Court of
Appeal is respectfully requested to allocate a date for the hearing
of the appeal as a matter
of priority.
DATED AT JOHANNESBURG THIS 11th DAY
of JANUARY 2010.
N.P. WILLIS
JUDGE OF THE HIGH COURT