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2024
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[2024] ZAEQC 3
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Ackerman v Amaning and Another (EQ3/2023) [2024] ZAEQC 3 (6 June 2024)
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
SITTING AS AN EQUALITY COURT
1.
REPORTABLE: No
2.
OF INTEREST TO OTHER JUDGES: No
3.
EVISED
6
June 2024
Case
NO:
EQ3-2023
In the matter between:
WILLEM
ACKERMAN
Applicant
and
EMMANUEL
AMANING
First Respondent
GARTH
WELLMAN
Second Respondent
JUDGMENT – APPLICATION for
LEAVE to APPEAL
WRIGHT J
[1]
On 10 May 2024 I handed down judgment on
the main complaints. I found against Mr Ackerman. Mr Akerman now
seeks leave to appeal
to the Supreme Court of Appeal.
[2]
Section 23(1)
of the
Promotion of Equality
and Prevention of Unfair Discrimination Act, 4 of 2000
reads “
Any
person aggrieved by any order made by an equality court in terms of
or under this Act MAY, within such period and in such manner
as may
be prescribed, appeal against such order to the High Court having
jurisdiction or the Supreme Court of Appeal, as the case
may be
.
”
( My emphasis).
[3]
It would appear however, that despite the
use of the word “
may
”
by the Legislature, Mr Ackerman requires leave. See
Minister
of Environmental Affairs and Tourism v George and Others
[2006]
ZASCA 57
;
2007 (3) SA 62
(SCA) at paragraphs 15 and 16. See too
Afriforum NPC v Nelson Mandela Foundation Trust and Others
[2023] ZASCA 58
;
2023 (4) SA 1
(SCA);
[2023] 3 All SA 1
(SCA)
at
paragraph 4.
[4]
With the provisions of
section 17(1)(a)(i)
of the
Superior Courts Act 10 of 2013
in mind, Mr Ackerman has a reasonable
prospect on appeal. In addition, under
section 17(1)(a)(ii)
, t
his
case raises important questions on its merits and on the question of
remedy which give compelling reason why the appeal should
be heard.
ORDER
[1]
Mr Ackerman is granted leave to appeal the orders of Wright J of 10
May 2024.
[2]
Leave is to the Supreme Court of Appeal.
[3]
Costs in the appeal.
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg sitting as an Equality Court.
HEARD:
6 June 2024
DELIVERED:
6 June 2024
APPEARANCES
:
Applicant
Adv N Riley
Instructed
by
Darryl Furman & Associates
011 447 7747
info@furmanlaw.com.za
Respondents
Adv B Winks
Instructed
By
Rupert Candy Attorneys Inc
rupert@rupertcandy.co.za
010 600 8821