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[2022] ZAGPPHC 840
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Louwen v MEC For The Department of Health Gauteng (35801/19) [2022] ZAGPPHC 840 (19 October 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Case
No 35801/19
REPORTABLE:
YES/NO
OF
INTEREST TO OTHER JUDGES: YES/NO
REVISED
19
OCTOBER 2022
In
the matter between:
NHLABATHI
SAMUKELISIWE
LOUWEN PLAINTIFF
and
MEC
FOR THE DEPARTMENT OF HEALTH
GAUTENG DEFENDANT
LEAVE
TO APPEAL
FRANCIS-SUBBIAH,
AJ:
[1]
The applicant/defendant seeks leave to
appeal against the entire judgment and order delivered on 22 July
2022 in this matter.
[2]
The respondent/plaintiff opposes the
application for leave to appeal.
[3]
In considering a leave to appeal there
must be reasonable prospects that another court may come to a
different conclusion.
[4]
The respondent opposed this application
on the basis that I had not erred in the findings and that there are
no prospects that another
court may come to a different conclusion.
[5]
Having read the papers and having heard
counsel I had considered the issues raised by the applicant in this
leave to appeal in coming
to a decision on the trial matter. I have
dealt in depth with many of the issues raised in the application in
my judgment.
[6]
I am of the view that there are
reasonable
prospects
that another court may come to a different conclusion. Leave to
appeal should therefore be granted to the Full Court of
the Gauteng
Division.
[7]
Accordingly the following order is made:
7.1
Leave to appeal to the Full Court of the
Gauteng Division is hereby granted.
7.2
The costs of this application are to be
costs in the appeal.
FRANCIS-SUBBIAH,
AJ
ACTING
JUDGE OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION
PRETORIA
Counsel
for
the
Applican/Defendant:
Adv
N
Manaka
Instructed
by:
State
Attorney
Counsel
for the Respondent/ Plaintiff: Adv
NGD Maritz SC
Instructed
by:
Joseph's
Inc
Date
of Hearing:
13
October 2022
Date
of Judgment:
19
October 2022