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2024
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[2024] ZAGPJHC 476
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Van Schalkwyk v Minister of Justice and Constitutional Development and Others (24910/2021) [2024] ZAGPJHC 476 (16 May 2024)
REPUBLIC OF SOUTH
AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
Case
Number: 24910/2021
1.
REPORTABLE: No
2.
OF INTEREST TO OTHER JUDGES: No
3.
REVISED: YES
In
the matter between:
JUDITH
FREDA VAN SCHALKWYK
APPLICANT
and
THE MINISTER OF
JUSTICE AND CONSTITUTIONAL
DEVELOPMENT
FIRST
RESPONDENT
THE
MAGISTRATE COMMISSION
SECOND
RESPONDENT
ANAND
MAHARAJ
N.O
THIRD
RESPONDENT
PARLIAMENT OF THE
REPUBLIC
OF
SOUTH
AFRICA
FOURTH
RESPONDENT
JUDGMENT
TWALA J
[1]
For the sake of convenience I propose to refer to the parties
herein as they were referred to in the main application. Furthermore,
this Court directed that this matter be determined on the papers
without an 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
the 18
th
of September 2020.
[2]
The applicant brought this application for leave to appeal against
the whole of the judgment and order of this Court handed
down
electronically on 19 March 2024. The application is opposed by the
first to the third respondent.
[3]
At the outset, I would like to express my gratitude to both counsels
for the applicant and the respondents for the concise
heads of
argument and submissions made therein which have been more than
helpful in determining the issues in this application.
[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.
[1]
[5]
The grounds for the leave to appeal are succinctly stated in the
notice of application for leave to appeal and I do not
intend to
repeat them in this judgment.
[6]
I am satisfied that I have covered and considered all the issues
raised in the application for leave to appeal in my judgment.
I am
therefore not persuaded by the applicant that there are reasonable
prospects of success in this appeal. Put differently, I
am of the
view that there is no prospect that another Court would come to a
different conclusion in this case. Therefore, the application
for
leave to appeal the judgment falls to be dismissed.
TWALA
M L
JUDGE
OF THE HIGH COURT,
SOUTH
AFRICA
GAUTENG
LOCAL DIVISION
Date
of Hearing:
Written submissions filed 10 May 2024
Date
of Judgment:
16 May 2024
Appearances
For
the Applicant:
Advocate Feroze Boda SC
Advocate Suhail Mohammed
Instructed
by:
Dockrat inc. Attorneys
Tel: 011 618 2247
Email:
yusuf@dockrat.co.za
For
the First,second
And
third Respondents:
Advocate Timothy Bruinders SC
Advocate Nadia Badat
Instructed
by:
The State Attorney
Tel: 011 330 7787
Email:
Charles.thamaga@gmail.com
mmthamaga@justice.gov.za
For
the Fourth Respondent: Advocate Lizzie Baloyi-Mere SC
Instructed
by:
The State Attorney
Tel: 021 441 9277
Email:
nhendricks2@justice.gov.za
alschreuder@justice.gov.za
This
judgment and order 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 of the
order is deemed to be the 16 May 2024.
[1]
See
section 17
(1)(a)(i) and (ii) of the
Superior Courts Act, 10 of
2013