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[2016] ZAGPJHC 270
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Mvoko v South African Broadcasting Corporation Soc Ltd (25604/2016) [2016] ZAGPJHC 270 (8 September 2016)
REPUBLIC
OF SOUTH AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG
LOCAL DIVISION, JOHANNESBURG)
CASE
NO: 25604/2016
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES: NO
DATE:
8 SEPTEMBER 2016
In
the matter between
VUYO
MVOKO
APPLICANT
and
THE SOUTH AFRICAN
BROADCASTING
CORPORATION
SOC LTD
RESPONDENT
J
U D G M E N T
(LEAVE
TO APPEAL)
VAN
OOSTEN J:
[1]
The
applicant now seeks leave to appeal against the whole of my judgment
and the order I have made.
[2]
A number of grounds have been advanced in support of the application.
The grounds, in my view, reveal a misreading of my judgment
and a
misconception of the true nature of the issues raised in the main
application. What seems to have been overlooked is that
the relief
granted was premised on the contractual relationship between the
parties and aimed at reaching finality in the pending
investigation.
I do not consider it necessary to once again deal with those issues
and the reasons for my order.
[3]
I am accordingly not convinced that another court may reasonably come
to a different conclusion.
[4]
In the absence of reasonable prospects of a successful appeal, leave
to appeal ought not to be granted.
[5]
In the result I make the following order:
1.
Leave
to appeal is refused.
2.
The
applicant is to pay the costs of the application for leave to appeal,
such costs to include the costs of two counsel.
_________________________
FHD
VAN OOSTEN
JUDGE
OF THE HIGH COURT
COUNSEL
FOR APPLICANT
ADV L SISILANA
ADV
TN NGCUKAITOBI
APPLICANT’S
ATTORNEYS
BOWMAN GILFILLAN INC
COUNSEL
FOR RESPONDENT
ADV S DU TOIT SC
ADV
A BESTER
ADV
S KANYANGARARA
RESPONDENT’S
ATTORNEYS
NCUBE INC
DATE
OF HEARING
8 SEPTEMBER 2016
DATE
OF JUDGMENT
8
SEPTEMBER 2016