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[2024] ZAGPJHC 96
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Magwaza and Another v City of Ekhuruleni Metropolitan Municipality and Others (2023/042442) [2024] ZAGPJHC 96 (29 January 2024)
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REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
Case No: 2023 / 042442
Reportable:
No
Of
Interest to other Judges: No
29
January 2024
In
the matter between:
SIBONGISENI MOKHINE
MAXWELL MAGWAZA
First
Applicant
(Identity
Number: […])
NTHOMBENHLE
CYNTHIA NGWENYA
Second
Applicant
(Identity
Number: […])
And
THE
CITY OF EKURHULENI METROPOLITAN MUNICIPALITY
First Respondent
EKURHULENI
METROPOLITAN POLICE DEPARTMENT
Second Respondent
KEAMOGETSE
LOVEDENIA MAGWAZA
Third
Respondent
JUDGMENT-
Application for leave to appeal
Vally
J
[1]
In this matter I issued an order dismissing the application and
ordering the applicants to jointly and severally pay the
costs of the
application. The applicants seek leave to appeal the full bench of
this court. To this end they have filed an application
furnishing
detailed, cogent submissions to support their claim that there exists
a reasonable prospect that another court invested
with the same facts
would come to a different conclusion. They have also supplemented
these during their oral submissions.
[2]
Ha
ving carefully considered the submission, and
having re-examined the pleadings as well as the judgment itself, I
have come to the
conclusion that there is a reasonable prospect that
another Court would come to a different conclusion.
Accordingly,
the following order is made:
a.
Leave to appeal to the full court of this Division is granted.
b.
Costs of the application for leave to appeal shall be costs in the
appeal.
VALLY
J
GAUTENG HIGH COURT,
JOHANNESBURG
Date
of hearing:
29 JANUARY 2024
Date
of judgment:
29 JANUARY 2024
For
the Applicant:
S SHAMASE (Attorney)
For
the Respondents:
Sinethemba
Vobi
Instructed
by:
M Mabunda Inc (for the first and second respondent)
and Sineke Attorneys (for
the third respondent)