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2021
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[2021] ZAGPPHC 194
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Walus v Minister of Justice and Correctional Services and Others (28221/2020) [2021] ZAGPPHC 194 (6 April 2021)
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG DIVISION,
PRETORIA)
Case
Number:
28221/2020
NOT
REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
In
the matter between:
JANUSZ
JAKUB WALUS
Applicant
and
MINISTER OF JUSTICE &
CORRECTIONAL SERVICES First
Respondent
THE SOUTH AFRICAN
COMMUNIST PARTY Second
Respondent
MRS LIMPHO
HANI
Third
Respondent
THE
MINISTER OF HOME AFFAIRS
Fourth Respondent
JUDGMENT
Delivered:
This judgment was handed down
electronically by circulation to the parties’ legal
representatives by e-mail. The date and
time for hand-down is deemed
to be 10h00 on 6 April 2021.
KUBUSHI J
[1]
This is an application for leave to appeal to the Supreme Court of
Appeal against
the whole of the judgment and order handed down
electronically on 2 February 2021 refusing the relief sought by the
applicant.
[2]
The second, third and fourth respondents are not participating in
this application.
Furthermore, t
he
matter is to
be determined on the
papers without oral hearing, as provided for in the Gauteng Division
Consolidated Directives: re Court Operations
during the National
State of Disaster issued by the Judge President of this Division on
18 September 2020.
[3]
The
application for leave to appeal is made in terms of section 17 (1)
(a) (i) of the Superior Courts Act,
[1]
(“the Act”), on the basis that the appeal would have a
reasonable prospect of success and in terms of section 17 (1)
(a)
(ii) that there is a further compelling reason why the appeal should
be heard, as a result of the infringement of the applicant's
constitutional rights as a result of his continued incarceration.
[4]
It is a trite principle of our law that leave to appeal may only be
given where the
Judge or Judges concerned are of the opinion that the
appeal would have a reasonable prospect of success or where there is
some
other compelling reason why the appeal should be heard,
including conflicting judgments on the matter under consideration.
[2]
[5]
The grounds for the leave to appeal are succinctly stated in the
applicant’s
notice of application for leave to appeal and need
not be repeated in this judgment.
[6]
The issues raised in the application for leave to appeal have been
fully and satisfactorily
covered and considered in the main judgment.
On that basis it is the opinion of this court that:
6.1
there are no reasonable prospects of success of appeal when the
reason proffered in the
judgment for refusing the relief sought by
the applicant therein, are considered. Put differently, this court is
of the opinion
that there is no prospect that another court may come
to a different conclusion in this case.
6.2
there is not some other compelling reason (the alleged "infringement
of the applicant's
constitutional rights as a result of his continued
incarceration") for granting of leave to appeal, in this matter.
Therefore,
the application for leave to appeal the judgment falls to be
dismissed.
[7]
Insofar as leave to appeal against the costs order granted against
the applicant,
the first respondent has waived the costs order
granted in his favour, and accordingly prays that the application for
leave to
appeal be dismissed, with no order as to costs.
[8]
In the circumstances, the following order is granted:
1.
The application for leave to appeal is
dismissed.
E.M KUBUSHI
JUDGE
OF THE HIGH COURT
Appearance
:
Applicant’s
Counsel
: Adv. R. du Plessis SC
Adv
L. Kellermann SC
Appellant’s
Attorneys
:
Julian Knight and Associates
Inc.
1
st
Respondent’s Counsel
: Adv. M T K Moerane SC
Adv.
G Bester SC
Adv.
N Mteto
1
st
Respondent’s Attorneys :
The State Attorneys Johannesburg.
2
nd
& 3
rd
Respondents’ Counsel
: Adv. G. Malindi
SC
Adv.
N. Nyembe
2
nd
& 3
rd
Respondents’ Attorneys
: Thaanyane Attorneys
4
th
Respondent’s Counsel
:
No appearance
4
th
Respondent’s Attorneys
: The State Attorneys, Pretoria
Date of
hearing
: 06 April 2021
Date of
judgment
: 06 April 2021
[1]
Act
No. 10 of 2013.
[2]
See
section 17 (1) (a) (i) and (ii) of Act 10 of 2013.