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2022
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[2022] ZAGPPHC 195
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South African Municipal Workers Union Provident Fund v Tlokwe Local Municipality and Others (51643/16) [2022] ZAGPPHC 195 (23 March 2022)
IN
THE
HIGH
COURT
OF
SOUTH
AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO
: 51643/16
DATE
:
23/03/2022
In
the matter between:
SOUTH AFRICAN MUNICIPAL
WORKERS
UNION NATIONAL PROVIDENT
FUND
Applicant
And
TLOKWE LOCAL MUNICIPALITY
THE
MUNICIPAL MANAGER: TLOKWE
First Respondent
LOCAL MUNICIPALITY
THE
CHIEF FINANCIAL
OFFICER:
Second Respondent
TLOKWE
LOCAL MUNICIPALITY
Third Respondent
THE
COMMISSIONER FOR THE SOUTH
AFRICAN REVENUE
SERVICES
Fourth Respondent
J U D G M E N T
BRETT,
AJ
:
The
applicant seeks leave to appeal the judgment that I delivered on 13
March 2019.
The
grounds of appeal relied on by the applicant are fully articulated in
it’s notice of application for leave to appeal,
which were
developed upon in the heads of argument and oral submissions made.
The
first, second and third respondents also filed heads of argument and
made oral submissions at the hearing of this application.
I
am indebted to both counsel for their assistance herein.
Section
17
of the
Superior Courts Act: 10 of 2013
provides as follows:
17
Leave to appeal
1)
Leave to appeal may only be given where
the judge or judges concerned are of the opinion that –
(a)
(i) the appeal would have reasonable
prospects of success; or
(ii)
there is some other compelling reason why the appeal should be heard,
including conflicting judgments on the matter under consideration.
Having
regard to the submissions made by the parties I consider that both
requirements under
sections 17
(1) (a) (i)(ii) have been satisfied
and that leave to appeal should be granted.
Both
counsel were agreed that in the event of leave to appeal being
granted the appropriate court would be the Full Bench of this
division. I agree that the appropriate court is the Full Bench.
In
the result I make the following orders:
1.
Leave to appeal is granted to the Full
Bench of this division.
2.
Costs
of
this
application
are
to
be
costs
in
the
appeal
including
the costs consequent upon the employment
of senior counsel.
BRETT A J
Acting
Judge of the High Court
23/03/2022