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[2021] ZAGPPHC 177
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Manamele and Another v Pudikabekwa (41557/2018) [2021] ZAGPPHC 177 (9 March 2021)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO:
41557/2018
NOT
REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
NOT
REVISED
In
the matter between:
KHASHANE
LA MMAPOWANA MANAMELE
First
Applicant
MANAMELA
MAROBELA & ASSOCIATES INCORPORATED Second
Applicant
And
TIKANE
MOSES PUDIKABEKWA
Respondent
In
re:
TIKANE
MOSES PUDIKWABEKWA
Plaintiff
And
KHASHANE
LA MMAPOWANA MANAMELA
First Defendant
MANAMELA
MAROBELA
&
ASSOCIATES INCORPORATED Second Defendant
JUDGMENT
MOTHA
AJ
1.
This is an application
for
leave to appeal my judgment
handed
down on
18
January
2021.
The
Application
is
premised
on
the
reasons
set
out
in
the Application for
leave
to
appeal.
There
is
little
point
in
yet again traversing the
reasons
of
this
Application.
2.
Firstl
y
, it bears mentioning
_
that the Applicants brought
an Application for
condonation
for the late filing of their leave to appeal.
They submitted
that there was
confusion brought about by the uploading of a different matter on
CaseLines.
On 28 January
2021 this matter was finally
uploaded
on
CaseL
i
nes.
Hence, they
experienced
difficulties in
computing
the
date
on
which
to file the leave
to appeal.
It
is
trite that the standard for
considering an application for condonation is
the interest of
justice.
Vide
Van Wyk v Un
i
tas
Hospital
[2007] ZACC 24
;
2008 (2) SA 472
(CC). Accordingly
, it will not be in the interest of
justice to
refuse
condonation under these
circumstances.
Therefore condonation is
granted
for
the late filing
of
this
Application.
3.
The
Applicants contend that
there
are
reasonable prospects that
another
Court
will come to a different conclusion
.
·
Howeve
r
,
the Respondent submits that
this
Application is
without
merit.
4.
Having
listened
to
the
arguments
presented
by
both
the
parties,
I
am
of
the
opinion
that none of the
grounds
set out in
Section
17
of the
Superior
Courts Act
exist.
Therefore, I agree with the
submissions
made
by
the
Respondent's
Counsel
that
there
are
no reasonable
prospects
of another
Court
arriving
at
a different
conclusion.
Order
5.
In the result
I make
an order to the effect that
there is no reasonable prospect that
another
Court
might
arrive
at
a
different
conclusion
and,
consequently,
the
Applicants'
leave to appeal
is refused
with costs, on a
party
and party scale.
MOTHA
AJ
ACTING
JUDGE
OF THE
HIGH COURT
GAUTENG
DIVISION
OF
THE
HIGH COURT,
PRETORIA
Date
of hearing: 09 March 2021
Date
of
judgment:
09 March
2021
Delivered:
This judgement
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
09
Match 2021.
Appearances:
For
the Applicant: Adv. R. Baloyi
(Instructed
by Manamela
Marobela
& Associates
Inc)
For
the Respondent: Adv. D. Keet
(Instructed
by Chantel Van Heerden
Attorneys)