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2023
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[2023] ZAGPJHC 819
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Schreiber and Another v African National Congress (26339/2021) [2023] ZAGPJHC 819 (24 July 2023)
IN THE HIGH COURT OF SOUTH
AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO
: 26339/2021
DATE
: 13-06-2023
In
the matter between
LEON AMOS
SCHREIBER
First
Applicant
DEMOCRATIC
ALLIANCE
Second
Applicant
and
THE
AFRICAN NATIONAL CONGRESS
Respondent
JUDGMENT
WEPENER,
J
: I have looked at the
heads of argument and listened to the argument before me in this
application for leave to appeal
and I must confess that there are a
number of issues that were raised that were not raised during
argument initially. That
gives the difficulty that the Court is
bound by the issues referred to it by the parties at the outset of
the hearing and reduced
during argument whilst Mr Mukhari SC argued
and those were the only issues that remained for me to adjudicate
upon. Issues
raised this morning either in heads or in oral
argument outside of what was referred to me by the parties during the
hearing, cannot
influence the application for leave to appeal as
those points fell outside the ambit of the issues for me to
determine.
That is all clear
from the record of proceedings that was before me.
I have listened to
the arguments and I am afraid that on the issues of relevance to this
matter none have brought me to the view
that there is any reasonable
prospect of success on appeal. There is clearly no compelling
reason to send this matter to
another court.
In the
circumstances I issue the following order:
ORDER
I find that there
is no reasonable prospect of success in an appeal nor is there any
compelling reason to refer the matter to an
appeal court.
The application for
leave to appeal is consequently dismissed with costs.
WEPENER, J
JUDGE OF THE HIGH COURT
DATE
:
24.07.23