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[2022] ZAGPPHC 373
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All Hearts Foundation NPO and Others v Roon (Leave to Appeal) (23481/2020) [2022] ZAGPPHC 373 (27 May 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Case
number: 23481/2020
REPORTABLE:
NO
OF
INTEREST TO OTHERS JUDGES: NO
REVISED
27
May 2022
In
the matter between:
ALL
HEARTS FOUNDATION NPO
First Applicant
ALEXANDRA
CHRISTINE LENNON
Second Applicant
RONNIE
KIM
AUSTEN
Third Applicant
And
GRETA
ALGONDA BETSY CARLA ROON
Respondent
In
re:
GRETA
ALGONDA BETSY CARLA ROON
Applicant
And
ALL
HEARTS FOUNDATION
NPO
First Respondent
ALEXANDRA
CHRISTINE LENNON
Second Respondent
RONNIE
KIM
AUSTEN
Third Respondent
UNLAWFUL
OCCUPIERS
Fourth Respondent
MADIBENG
LOCAL MUNICPALITY
Fifth Respondent
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
1.
The applicants in this matter
have brought an application for leave
to appeal against the judgment of this Court, handed down on 27
October 2021. The order of
the judgment reads as follows.
“
1. The lease agreement between
the applicant and first respondent was lawfully cancelled by the
applicant.
2.
The first respondent is ordered to vacate the property,
Plot 97, De
Rust, Hartbeespoortdam, North-West on or before 30 April 2022.
3.
The second and third respondents are herewith ordered
to vacate the
property, Plot 97, De Rust, Hartbeespoortdam, North-West on or before
30 April 2022.
4.
It is further ordered that in the event that the first
and/or the
second and third respondents do not vacate the property on or before
30 April 2022, the sheriff
alternatively
his duly appointed
deputy together with such assistance as he deems appropriate is
authorised and directed to evict the first,
second and fourth
respondents from the property.
5.
The first, second and third respondents are ordered to
pay the costs
of this application including the costs of the application in terms
of s 4(2) of the PIE Act.
2.
The application for leave to appeal was only filed on 22 March
2022
and the applicants also served a condonation application for their
late filing of the application for leave to appeal. The
condonation
application was filed on 4 April 2022.
3.
The respondent opposed the application for leave to appeal and
filed
a notice in terms of Uniform Rule of Court 6(5)(d)(iii) in respect of
the applicants’ condonation application.
4.
The parties argued the condonation application and leave to
appeal
simultaneously, since prospects of success of the appeal plays a
cardinal role in the granting of condonation.
5.
Section 17 of the Superior Courts Act, Act 10 of 2013, imposes
substantive law provisions applicable to applications for leave to
appeal. The most important principles are as follows. It is
stipulated that leave to appeal “may only be given” if
the judge is of the opinion that the appeal would have reasonable
prospects of success or some other compelling reason why the appeal
should be heard, exists.
6.
I considered all arguments raised by the applicants and on due
consideration of the circumstances of this matter, and despite any
sympathy I may have for the animals in the care of the first
applicant, I am not of opinion that the appeal would have reasonable
prospects of success and in my view, no other compelling reasons
exists why the appeal should be heard.
7.
I dealt with all aspects of the matter in my judgment
a quo
and
regard my reasoning as sufficient.
8.
In view of the above, both the applicants’ application
for
condonation for the late filing of the appeal and the application for
leave to appeal are refused with costs.
ACTING
JUDGE JF BARNARDT
JUDGE
OF THE HIGH
COURT
GAUTENG
DIVISION OF THE HIGH COURT, PRETORIA
Delivered:
This judgment was prepared and authored by the Judge whose name is
reflected and is handed down electronically by circulation
to the
Parties/their legal representatives by email and by uploading it to
the electronic file of this matter on CaseLines. The
date for
hand-down is deemed to be 27May 2022.
APPEARANCES
For
the applicants: Adv. McTurk
Instructed
by:
Schindlers Inc
Tel:
011 448-6000
For
the respondent: Adv. Labuschagne
Instructed
by:
EW Serfonteing & Associates Inc.
Tel:
012 344-6535
Date
heard: 25 May 2021
Date
of judgment: 27 May 2021