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[2017] ZAGPPHC 413
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Bela Bela Local Municipality and Another v Dikala Plant Hire CC (95187/2015) [2017] ZAGPPHC 413 (3 April 2017)
THE HIGH COURT OF SOUTH
AFRICA
GAUTENG DIVISION,
PRETORIA
CASE
NUMBER: 95187 / 2015
DATE
OF HEARING: 6 FEBRUARY 2017
DATE
OF JUDGMENT: 3 APRIL 2017
In
the matter between:
BELA
BELA LOCAL
MUNICIPALITY
First
Applicant
BALIMI
BARUI TRADING (PTY)
LTD
Second
Applicant
and
DIKALA
PLANT HIRE
CC
Respondent
JUDGMENT
AVVAKOUMIDES.
AJ
[1]
This is an application by both applicants for leave to appeal against
my judgment dated 9 November 2016, more particularly the
orders at
paragraphs 20.1 to 20.5 thereof.
[2]
I have considered the arguments by counsel for the applicants and the
respondent. Having done so, I am of the opinion that there
are
reasonable prospects of success on appeal.
[3]
Insofar as the submission made by the second respondent at paragraph
3 of its application for leave to appeal is concerned,
such
submission does not set out any ground for appeal and, in my view,
was inappropriately made.
[4]
Whether there is justification for the employment of senior counsel
is not an issue for me to decide at this stage. Counsel
for the
Applicants and the Respondent parties are aware of the decision on
this point in The City of Johannesburg Metropolitan
Municipality v
The Chairman of the Valuation Appeal Board for the City of
Johannesburg and Connaught Properties (Pty) Ltd
2014 ZASCA 5
(12
March 2014) wherein Leach JA stated that
"
.....matter is deserving of the employment of senor counsel (which it
is clearly is) it would be wrong for a court to somehow
attempt to
fetter that discretion" ,
meaning the
taxing master's discretion. I consider myself bound
to
this decision despite being of the view that
the matter was complex enough
to
employ
the services of senior counsel.
[5]
Consequently the following order is made:
[5.1] Leave to appeal to
the full court of the Gauteng Division of the High Court, Pretoria,
is granted.
[5.2] Costs of the
application shall be costs in the appeal.
________________________
G. T. AWAKOUMIDES
ACTING JUDGE OF THE HIGH
COURT
GAUTENG DIVISION,
PRETORIA
DATE:
3 APRIL 2017
Representation
for Respondent:
Counsel:
S. G. Wagener S. C.
Instructed
by: Geyser Van Rooyen Attorneys
Representation
for First Applicant:
Counsel:
M. M. Rip SC
Instructed
by: Moloto Attorneys
Representation
for Second Applicant:
Counsel:
M. G. D. Maritz SC
Instructed
by: Van Heerden and Krugel Attorneys