Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipality and Others (2023-024680) [2024] ZAGPJHC 261 (13 March 2024)

30 Reportability
Administrative Law

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal against dismissal of review and interdict application — Applicants sought to challenge conduct of respondents related to Rea Vaya bus project — High Court dismissed main application but granted leave to appeal, finding reasonable prospects of success — Leave granted to appeal to a full court of the Gauteng Division, Johannesburg.

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[2024] ZAGPJHC 261
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Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipality and Others (2023-024680) [2024] ZAGPJHC 261 (13 March 2024)

REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH
AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NUMBER
:
2023-024680
1.
Reportable: No
2.
Of interest to other judges: No
3.
Revised
13
March 2024
In
the matter between:
LIBERTY
GROUP
LIMITED

1
st
Applicant
PARETO
LIMITED

2
nd
Applicant
FIRSTRAND
BANK
LIMITED

3
rd
Applicant
and
CITY
OF JOHANNESBURG METROPOLITAN

1
st
Respondent
MUNICIPALITY
JOHANNESBURG
DEVELOPMENT AGENCY SOC LIMITED
2
nd
Respondent
JOHANNESBURG
ROADS AGENCY SOC LIMITED

3
rd
Respondent
STEFANUTTI
STOCKS (PTY) LTD

4
th
Respondent
A
RE SHOMENG HOLDINGS (PTY) LTD

5
th
Respondent
JUDGMENT - APPLICATION FOR LEAVE TO
APPEAL
WRIGHT J
[1]
On 19 February 2024 I delivered a typed, signed judgment in the main
application which was Part B of the application as
a whole. This
judgment is to be read with that judgment.
[2]
The applicants before me sought to review and interdict the conduct
of the present first to third respondents relating
to the well-known
Rea Vaya bus project. I dismissed the application. The applicants now
seek leave to appeal.
[3]
In my view, they have a reasonable prospect on appeal but this case
does not need the attention of the SCA.
ORDER
[1]  The applicants are granted
leave to appeal the order of Wright J of 19 February 2024.
[2]  Leave is to a full court of
the Gauteng Division, Johannesburg.
[3]  Costs in the appeal.
WRIGHT J
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, JOHANNESBURG
Heard
on:
13 March 2024
Delivered
on:         13 March 2024
Appearances:
APPLICANTS
Adv C Bothma SC
0832847267
011 895 9000
bothma@law.co.za
Instructed
by           Webber
Wentzel
Mr
Igno Gouws
Tel:
011 530 5368
igno.gouws@webberwentzel.com
tayla.dye@webberwentzel.com
shazelle.jeevaruthnam@webberwentzel.com
RESPONDENTS
Adv NH Maenetje SC
083
459 6358
maenetje@duma.nokwe.co.za
Adv
Makhotso Lengane
084
567 8293
lengane@group621.co.za
Instructed
by           Mchunu
Attorneys
Mr
Titus Mchunu
Tel:
011 778 4060
Titus@mchunu.co.za