About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: South Gauteng High Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: South Gauteng High Court, Johannesburg
>>
2023
>>
[2023] ZAGPJHC 690
|
|
City of Johannesburg and Others v Ryckloff Bellegings (Pty) Ltd (18156/19) [2023] ZAGPJHC 690 (7 June 2023)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG LOCAL
DIVISION, JOHANNESBURG
CASE NO: 18156/19
NOT REPOTRABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
07.06.23
In the matter between:
The
CITY of JOHANNESBURG METROPOLITAN MUNICIPALITY
(72
nd
RESPONDENT in the main application)
1
st
APPLICANT
THE
EXECUTIVE MAYOR
(73
rd
RESPONDENT in the main application )
2
nd
APPLICANT
THE
CITY MANAGER
(74th
RESPONDENT in the main application )
3
rd
APPLICANT
THE
DIRECTOR OF HOUSING
(
75
th
RESPONDENT in the main application )
4
th
APPLICANT
MS
NTOMBEKHAYA BONKOLO AND 70 OTHERS,
1-71st
RESPONDENTS in the main application
and
RYCKLOFF–BELLEGINGS
(PTY) LTD
APPLICANT
in the main application
RESPONDENT
JUDGMENT –
APPLICATION FOR LEAVE TO APPEAL – WRIGHT J
1.
On 4 October 2022 I heard the main application which had been brought
by Ryckloff for the eviction of Ms Ntombekhaya Bonkolo
and other
persons. I handed down a typed, signed judgment on the same
day.
2.
The 72
nd
to 75
th
Respondents in the main
application now seek leave to appeal my order to the Supreme Court of
Appeal.
3.
It would appear that their attorney timeously delivered the present
application for leave to appeal on 13 October 2022.
4.
It was only on 28 February 2023 that I learned, through my clerk of
the existence of the present application for leave to appeal.
Despite
my best efforts, the application for leave was heard only on 7 June
2023.
5.
Only the 1
st
to 71
st
respondents in the main
application oppose leave to appeal. Ryckloff supports leave and to
the Supreme Court of Appeal.
6.
With the provisions of
section 17(1)(a)i
of the
Superior Courts Act,
10 of 2013
in mind, I am of the view that the applicants for leave to
appeal have a reasonable prospect on appeal.
7.
Under
section 17(6)(a)i
, I am of the view that the appeal involves a
question of law of importance.
8.
Under
section 17(6)(a)ii
, I consider that the administration of
justice, generally and in this case requires consideration of the
appeal by the Supreme
Court of Appeal.
ORDER
1. The 1
st
to
4
th
applicants, being the 72
nd
to 75
th
Respondents in the main application are granted leave to appeal the
order of Wright J.
2. Leave is to the
Supreme Court of Appeal.
3. Costs in the appeal.
GC Wright
Judge of the High
Court
Gauteng Division,
Johannesburg
HEARD
: 7 June 2023
DELIVERED
: 7 June 2023
APPEARANCES
:
1
st
to 4
th
APPLICANTS (72
nd
to 75
th
RESPONDENTS in the main application)
Adv
C GEORGIADES SC
Adv
N MAHLANGU
1
st
to 71
st
RESPONDENTS in the main application
Adv
I DE VOS
76
th
RESPONDENT
No
appearance
APPLICANT
in the main application
Adv
W MOKHARE SC
Adv
M MAJOZI
AMICUS
CURIAE
No
appearance