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2024
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[2024] ZAGPPHC 946
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Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022) [2024] ZAGPPHC 946 (17 September 2024)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO: 013715/2022
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED.
Date:
17/09//2024
ML
TWALA
In
the matter between:
TOPIGS
NORSVIN SA PROPRIETARY
LIMITED
APPLICANT
And
ESKOM
HOLDINGS SOC LTD
FIRST RESPONDENT
ANDRE MARINUS de
RUYTER
SECOND RESPONDENT
CALIB
CASSIM
THIRD RESPONDENT
MALEGAPURU
WILLIAM MAKGOBA
FOURTH RESPONDENT
BANOTHILE
CHARITY MAKHUBELA
FIFTH RESPONDENT
PULANE
ELSIE MOLOKWANE
SIXTH RESPONDENT
BUSISIWE
MAVUSO
SEVETH RESPONDENT
RODERICK
de BRASSIC CROMPTON
EIGHT
RESPONDENT
TSHEPO
HERBERT TONG-MONGALO
NINTH
RESPONDENT
MLAWULI
MAYOR MAJINGOLO
TENTH RESPONDENT
DEIDRE
HERBST
ELEVENTH RESPONDENT
BONGUMUSA
MASHAZI
TWELFTH
RESPONDENT
LESIBA KGOBE
THIRTEENTH RESPONDENT
MINSTER OF WATER AND
SANITATION
FOURTEENTH
RESPONDENT
DIRECTOR-GENERAL:
DEPARTMENT OF
WATER AND
SANITATION
FIFTEENTH RESPONDENT
MINSTER OF FORESTRY,
FISHERIES
AND THE
ENVIRONMENT
SIXTEENTH RESPONDENT
DIRECTOR-GENERAL:
DEPARTMENT OF
FORESTRY, FISHERIES
AND THE
ENVIRONMENT
SEVENTEEN RESPONDENT
MINISTER OF MINRAL
RESOURCES
AND
ENERGY
EIGHTEENTH RESPONDENT
NATIONAL ENERGY
REGULATOR OF
SOUTH
AFRICA
NINETEENTH RESPONDENT
CLIVE RAYMOND LE
ROUX
TWENTIETH RESPONDENT
PAUL MPHO
MAKWANA
TWENTY- FIRST RESPONDENT
AUSTIN LESLIE
MKHABELA
TWENTY-SECOND RESPONDENT
BUSISIWE
VILAKAZI
TWENTY-THIRD RESPONDENT
LWAZI LEON
GOQWANA
TWENTY-FOURTH RESPONDENT
FATHIMA BEE BEE ABDUL
GANY
TWENTY-FIFTH RESPONDENT
ANYANDA PEARL ZINHLE
MAFULEKA
TWENTY-SIXTH
RESPONDENT
TSKANI LOTTEN
MTHOMBENI
TWENTY-SEVENTH
RESPONDENT
BEKI ZACHARIA
NTSHALINTSHALI
TWENTY-EIGHT
RESPONDENT
NTETO
NYATHI
TWENTY-NINETH RESPONDENT
TRYPHOSA
RAMANO
THIRTIETH RESPONDENT
CLAUSELLE von
ECK
THIRTY-FIRST
RESPONDENT
JUDGMENT
TWALA
J
[1]
On the 19 June 2024 this Court handed down the judgment in this case
dismissing the applicant’s
application with no order as to
costs. Dissatisfied with the whole judgment and order, the applicant
launched an application for
leave to appeal. On the 28 August 2024,
realising a patent error in its judgment of the 19 June 2024 and
after inviting the parties
to make any further submissions in
relation thereto, the Court handed down its judgment in terms of Rule
42 of the Uniform Rules
of Court.
[2]
Further, it is noteworthy that the parties agreed that, for the sake
of convenience and to avoid
unnecessary delay in the hearing of this
application, the matter be determined on the papers.
[3]
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]
[4]
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. Furthermore, I am grateful to counsel
for the parties for the heads
of argument and the submissions made
therein.
[5]
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, it is my
considered view that there is no prospect that another Court would
come to a different conclusion
in this case. Therefore, the
inescapable conclusion is that the application for leave to appeal
the judgment falls to be dismissed.
[6]
In the result, the following order is made:
1.
The application for leave to appeal is dismissed with no order as to
costs.
TWALA
M L
JUDGE OF THE HIGH
COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION
For
the Applicant:
Advocate
MM Oosthuizen SC
Advocate
N Fourie
Instructed
by:
Bishop
Fraser Attorney
Tel:
010 035 4944
davide@bishopfraser.co.za
For
the Eskom Respondents:
Advocate
P Lazarus SC
Advocate
B Dhladhla
(First
to Tenth,
Eleventh
to Thirteenth and
Twentieth
to Thirty-First
respondents)
Instructed
by:
Edward
Nathan Sonnenbergs Inc
Tel:
011 269 7600
hhugo@ensafrica.com
For
the State Respondents:
Advocate
A Liversage SC
(Fourteenth
to Seventeenth
Respondents)
Advocate
L Maite
Instructed
by:
Office
of the State Attorney, Pretoria
Tel:
012 309 1500
sakhosa@justice.gov.za
For
the Nineteenth
Respondent:
Advocate
Mahlangu
Instructed
by:
Mchunu
Attorneys
Tel:
011 778 4060
titus@mchunu.co.za
Date
of Hearing:
SUBMISSIONS
ON PAPER
Date
of Judgment:
17
September 2024
Delivered:
This judgment and order was prepared and authored by the Judge
whose name is reflected and is handed down electronically by
circulation
to Parties / their legal representatives by email and by
uploading it to the electronic file of this matter on Case Lines. The
date of the order is deemed to be the 17 September 2024.
[1]
See
section 17
(1)(a)(i) and (ii) of the
Superior Courts Act, 10 of
2013
.