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[2022] ZAGPPHC 102
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Calitz and Others v Minister of Police (62934/2014) [2022] ZAGPPHC 102 (17 February 2022)
REPUBLIC OF SOUTH
AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
Date:
17 February 2022
CASE NO: 62934/2014
In
the matter between:
JOLANDIE CALITZ AND
TWO OTHERS N.O.
APPLICANT
and
MINISTER
OF
POLICE
RESPONDENT
JUDGMENT
Van der Schyff J
Introduction
[1]
In this judgment, the parties are referred to as
in the action.
[2]
The plaintiff filed an application for leave to
appeal against the whole of the judgment and order delivered on 29
October 2021. The
plaintiff raised several grounds of appeal. I do
not intend to deal with these grounds herein, as I handed down a
written judgment
wherein I dealt extensively with the reasons for my
findings.
[3]
It is
trite that to succeed in an application for leave to appeal, âmore
is required to be established than that there is a mere
possibility
of success, that the case is arguable on appeal or that the case
cannot be categorised as hopeless.â
[1]
After considering the grounds of appeal, I am not of the opinion
that, on the unique facts of this case and the evidence presented,
a
reasonable probability exists that another court
would
come
to a different conclusion.
ORDER
In the result, the
following order is made:
1.
The application for leave to appeal is dismissed
with costs, including the costs of two counsel.
E van der Schyff
Judge of the High
Court
Delivered: This judgement
is handed down electronically by uploading it to the electronic file
of this matter on CaseLines.
It will be sent to the parties/their
legal representatives by email as a courtesy gesture. The date for
hand-down is deemed to be
16 February 2022.
Counsel
for the applicant:
Adv. L Kellerman SC
With:
Adv. W Gibbs
Instructed
by:
OKEKE Attorneys
Counsel
for the respondent:
Adv. M W Van Zyl SC
With:
Adv. D G V O Sevenster
Instructed
by:
State Attorney, Pretoria
Date
of the hearing:
9 February 2022
Date
of judgment:
17 February 2022
[1]
Smith
v S
2012
(1) SACR 567
(SCA) at para 7.