About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2024
>>
[2024] ZAGPPHC 443
|
|
National Council of and for persons with disabilities v Independent Communications Authority of South Africa (49918/2021) [2024] ZAGPPHC 443 (30 April 2024)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO: 49918/2021
(1) REPORTABLE:
YES
/NO
(2) OF INTEREST TO OTHER
JUDGES:
YES
/NO
30/04/24
In
the matter between:
NATIONAL COUNCIL OF AND
FOR PERSONS
WITH
DISABILITIES
Applicant
and
INDEPENDENT
COMMUNICATIONS
AUTHORITY
OF
SOUTH
AFRICA
Respondent
JUDGMENT
Tuchten
J
:
1
This
is
an
application
for
leave
to
appeal
from
a
judgment
of
Tolmay
J,
who is presently serving in the SCA.
2
The decision of the learned judge was based
on the conclusion that the applicant had delayed unreasonably in
bringing the application.
The learned judge adverted to the merits in
a single paragraph and found that the applicant’s submissions
on the merits were
unfounded. In my view it is reasonably arguable
that the learned judge erred in finding that there was unreasonable
delay and,
further, that the applicant had not established a good
case on the merits.
3
In my view, therefore, there are prospects
of success in the proposed appeal. The issues and the importance of
the rights are such
that the appeal ought to be heard by the SCA.
4
I make the following order:
1
The applicant is granted leave to appeal to
the Supreme Court of Appeal.
2
The costs of the application for leave to
appeal will stand over, pending the decision on appeal.
NB Tuchten
Judge of the High Court
30 April 2024
NatCounDeafICASA.jm1
For
the applicant:
Adv G
Marcus SC and Adv E Watson
Instructed
by:
Webber
Wentzel
Sandton
For
the respondent:
Adv K
Tsatsawane SC and Adv L Swandile
Instructed
by:
HM
Chaane Attorneys Inc
Centurion
NatCounDeafICASA.jm1