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 711
|
|
Genorah Resources (Pty) Limited v NKWE Platinum Limited and Others (Leave to Appeal) (2020/40523) [2024] ZAGPPHC 711 (22 July 2024)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Case
Number: 2020/40523
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED.
DATE:
22/7/2024
MOKOSE
SNI
In
the matter between:
GENORAH
RESOURCES (PTY) LIMITED
Applicant
and
NKWE
PLATINUM LIMITED
1
st
Respondent
NKWE
PLATINUM LIMITED
2
nd
Respondent
NKWE
PLATINUM SA (PTY) LIMITED
3
rd
Respondent
THE
MINISTER OF MINERAL RESOURCES AND ENERGY
4
th
Respondent
DG:
DEPARTMENT OF MINERAL RESOURCES AND ENERGY 5
th
Respondent
REGIONAL
MANAGER: LIMPOPO REGION OF DEPARTMENT
OF
MINERAL RESOURCES AND ENERGY
6
th
Respondent
THE
GA RATOUW 282 KT COMMUNITY
DEVELOPMENT
TRUST
7
th
Respondent
THE
KONEPHUTHI SOCI ECONOMIC DEVELOPMENT
GOVERNANCE
CONSOLIDATED STRUCTURE
8
th
Respondent
THE
MABHEDIA TRIBAL AUTHORITY
9
th
Respondent
THE
KOMANE TRIBAL AUTHORITY
10
th
Respondent
LEAVE
TO APPEAL - JUDGMENT
MOKOSE
J
[1]
The first and third respondents ("the respondents") have
applied for leave to appeal
to the Supreme Court of Appeal,
alternatively, the Full Court of this Division against the whole
judgment and order I delivered
on 30 January 2024 under the
abovementioned case number.
[2]
The respondents seek leave to appeal on several grounds as stated in
their application for leave
to appeal. Counsel for the respondents
addressed the court on the salient points raised in the application.
These points were opposed
by counsel for the applicant on the grounds
that I have reasoned out well in my judgment.
[3]
Leave to appeal may be granted where a judge is of the opinion that
the appeal would have a reasonable
prospect of success or there are
compelling reasons which exist why the appeal should be heard such as
the interests of justice.
In the matter of
Caratco
(Pty) Limited v Independent Advisory (Pty) Limited
[1]
it was pointed out that if the court is unpersuaded that there are
prospects of success, it must still enquire into whether there
is a
compelling reason to entertain the appeal. Compelling reasons would
include an important point of law or an issue of public
importance
that will have an effect on future disputes in our courts. The court
also emphasised that the merits remain vitally
important and are
often decisive.
[4]
The test laid down in Section 17 of the Act is now a subjective one
and no longer an objective
test. There must be a measure of certainty
that another court will differ from the court whose judgment is
sought to be appealed
against.
[2]
The court held in the case of
The
Mont Chevaux Trust v Tina Goosen & 18 Others (supra)
that:
"It
is clear that the threshold for granting leave to appeal against a
judgment of a High Court has been raised in the new
Act. The former
test whether leave to appeal should be granted was a reasonable
prospect that another court might come to a different
conclusion, see
Van Heerden v Cornwright & Others 1985 (2)SA342 (T) at 343H. the
use of the word "would" in the new
statute indicates a
measure of certainty that another court will differ from the court
whose judgment is sought to be appealed
against."
[5]
I had dealt in depth with all the issues raised in the application
for leave to appeal in my judgement. After listening
to submissions
by both counsel for the applicants and counsel for the first and
second respondents and after reading the application
for leave to
appeal, I am of the view that there are prospects that another court
would come to a different conclusion.
[6]
In the premises, the following order is granted:
(i)
leave to appeal is granted to the Supreme Court of Appeal; and
(ii)
the costs of the application for leave to appeal are costs in the
appeal.
MOKOSE
J
22
July 2024
[1]
2020 (5) SA35 (SCA)
[2]
The Mont Cheveaux Trust (IT2012/28) v Tina Goosen & 18 Others
2014 JDR 2325 at para [6]