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[2022] ZAKZPHC 72
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Prudential Authority v Dlamini and Another (4331/2020P) [2022] ZAKZPHC 72 (17 November 2022)
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IN
THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL
DIVISION,
PIETERMARITZBURG
Case
No: 4331/2020P
In
the matter between:
THE
PRUDENTIAL
AUTHORITY
Appellant
and
MKHULULI
NOBLE DLAMINI First
Respondent
(Identity
Number: [....])
NOSIPHO
PRUDENCE DLAMINI Second
Respondent
(Identity
No: [....])
ORDER
[1]
The application for leave to appeal
against the whole of my judgment delivered on 18 March 2022 is
granted to the Supreme Court
of Appeal.
[2]
The costs of the application will be
costs in the appeal.
JUDGMENT
Ploos
Van Amstel J
[1]
By agreement between the parties, the
application for leave to appeal was decided without the hearing of
oral argument. Both parties
however, submitted written heads of
argument.
[2]
I consider that I should grant leave to
appeal to the Supreme Court of Appeal, on the basis that the appeal
will have reasonable
prospects of success and on the further basis
that The Prudential Authority needs guidance on the proper
interpretation of Sections
83 and 84 of the Banks Act, 94 of 1990.
[3]
With regard to the delay which has
occurred in this matter, I record that the parties agreed in
September 2022 that the application
would be dealt with on the
papers, with written heads of argument. Heads of argument were
delivered on 13 and 21 October 2022,
when I was on long leave. I
returned to work on 15 November 2022.
[4]
Order:
(a)
The
application
for
leave
to
appeal
against
the
whole
of
my
judgment
delivered on 18 March 2022 is granted, to the Supreme court of
Appeal.
(b)
The costs of the application will be
costs in the appeal.
Ploos
Van Amstel
CASE
INFORMATION
Date
Judgement Delivered
17
November 2022
APPEARANCES
For
the Applicant: Mr
J E Smit
Instructed
by: WERKSMAN$
ATTORNEYS
155
-5th Street
Sandown
SANDTON
Tel:
(011) 535 8134
Email:
lsilberman@werksmans.com
(Ref:
LSilberman/SOUT3267.246
c/o
STOWELL & CO.
295
Pietermartiz Street
PIETERMARITZBURG
Tel:
(033) 845 0500
Email:
zeldas@stowell.co.za
(Ref:
P L FIRMAN/WER/0064
For
the Respondent: Mr
W J Roos
Instructed
by: LEOFI
LESHABANA INCORPORATED
ATTORNEYS
442
West Street, Pretoria North
Tel:
012 546 3771 / Cell: 084 477 1257
Email:
info@leofileshabana.co.za
c/o
TOMLINSON MNGUNI JAMES ATTORNEYS
12
Montrose Park Boulevard
Victoria
Country club Estate Office Park
170
Peter Brown Drive
Montrose
PIETERMARITZBURG
Tel:
033 341 9100
Email:
nontobekom@tmj.co.za