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[2016] ZAGPPHC 638
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Maharaj and Others v M and G Centre for Investigative Journalism NPC and Others (37510/2012) [2016] ZAGPPHC 638 (26 July 2016)
IN THE HIGH COURT OF SOUTH
AFRICA
(GAUTENG
DIVISION, PRETORIA)
NOT
REPORTABLE
NOT OF INTEREST
TO OTHERS
REVISED
Case number:
37510/2012
Date: 26 JULY 2016
In the matter
between:
SATHYANDRANATH RAGUNANAN
MAHARAJ
FIRST
APPLICANT
ZARINA CARRIM
MAHARAJ
SECOND APPLICANT
NATIONAL
DIRECTOR OF PUBLIC PROSECUTIONS THIRD APPLICANT
And
M AND G CENTRE FOR
INVESTIGATIVE JOURNALISM NPC FIRST RESPONDENT
M
AND G MEDIA LIMITED
SECOND RESPONDENT
STEPHEN PATRICK "SAM"
SOLE THIRD
RESPONDENT
JUDGMENT (APPLICATION FOR LEAVE TO
APPEAL)
PRETORIUS J
,
(1)
I have considered the
application for condonation for the late filing of the application
for leave to appeal by the National Director
of Public Prosecutions.
The
respondents
opposed
the application
due to the
application only being served
and filed on 17 June 2016, one day before the leave to appeal was to
be
heard.
(2)
The
second
and
third
respondents, in the
main
application,
the
present
first and second applicants,
served and filed their application for
leave
to appeal timeously on 17 May
2016.
I
have considered the reasons for requesting leave to appeal by
the
first
and second applicants and have come to the conclusion that
leave
to
appeal to the Supreme Court of Appeal should be granted, as there
is a reasonable prospect that
another court may come to a different
conclusion
in regards to the respondents being in possession of the
documents of the investigation. As a
result of deciding to grant leave
to
appeal to the first and second applicants, I will grant condonation
to
the third applicant as
well as grant leave to appeal.
(4)
In the result the
following order is
made:
1.
Leave to appeal to the
Supreme Court of Appeal is
granted;
2.
Cost of the condonation
application to be paid by the third applicant, the National
Director of Public Prosecutions.
3.
Costs to be costs in the
appeal.
Judge C Pretorius
Case number :
37510/2012
Matter heard on : 20
June 2016
For the 1st and 2nd
Applicants: Adv MR Hellens SC
Instructed by: BOK
Attorneys
For the 3rd Applicant:
Adv K Pillay SC, Adv M Lekoane
Instructed by: The State
Attorney
For
the Respondents: Adv F Ismail, Adv Webber
Instructed by: Webber
Wentzel
Attorneys
Date of
Judgment : 26 July 2016