In the matter between IN THE HIGH COURT OF SOUTH AFRICA
FREE STATE DIVISION, BLOEMFONTE IN
ELIZABETH JOHANNA LIEBENBERG
and
HENDRIK JOHANNES CHRISTIAAN LIEBENBERG Not reportable
Case no: 3254/2024
APPLICANT
RESPONDENT
Neutral citation: Elizabeth Johanna Liebenberg v Hendrik Johannes Christiaan Liebenberg
(3254/2024) [2025] ZAFSHC 166 (06 June 2025)
Coram: Mpama AJ
Heard: In Chambers
Delivered: This judgment was handed down electronically by circulation to the parties'
representatives by email and released to SAFLII. The date and time for hand-down is deemed
to be 14H00 on 06 June 2025
Summary: application for leave to appeal -section 17(1) of the Superior Courts Act 1 0 of
2013 -no reasonable prospects of success -application dismissed
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ORDER
The application for leave to appeal is dismissed with costs on Scale B as contemplated under
rule 67 A of the Uniform Rules of the Court.
JUDGMENT
Mpama AJ
[1] This is an opposed application for leave to appeal against my judgment and the order I
granted on 29 November 2024. The applicant and respondent filed their heads of argument. I
directed the parties to file additional heads of argument as I intended to dispense with the
hearing of oral arguments . Accordingly , the application was considered in chambers and on
the papers, including the written heads of argument.
[2] Section 17(1) of the Superior Courts Act 10 of 2013 stipulates that leave to appeal may
only be granted where the judge concerned is of the opinion that the appeal would have
reasonable prospects of success or there are some other compelling reasons why the appeal
should be heard, including conflicting judgment on the matter under consideration.
[3] The bar for granting the application for leave to appeal has been raised and leave to
appeal should be granted only when there are reasonable prospects of success. This court has
as per Daffue J in Hans Seuntjie Matoto v Free State Gambling and Liquor Authority and Three
Others 1 at para 5 expressed as follows:
'There can be no doubt that the bar for granting leave to appeal has been raised. Previously , the test
was whether there was a reasonable prospect that another court might come to a different conclusion .
Now, the use of the word "would" indicate a measure of certainty that another court will differ from the
court whose judgment is sought to be appealed against. See Acting National Director of Public
Prosecutions and Others V Democratic Affiance ( 19577 /2009) [2016] ZAGPPHC 489(24 June 2016).
The use by the legislature of the word "only", emphasized supra, is a further indication of a more
stringent test.'
[4] The grounds of appeal are set out in the notice of application for leave to appeal. I do
1 Hans Seuntjie Matoto v Free State Gambling and Liquor Authority and Three Others (2017] ZAFSHC 80.
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not intend to overburden this judgment by repeating them.
[5] The e>:<istence of a valid court judgment is a matter of common cause between the
applicant and respondent. The judgment dealt with the reasons why the court is of the view
that the applicant is bound by the court order despite his pending application in the magistrate's
court for the variation of the order and why his conduct of non-payment is contemptuous. New
issues were raised by the applicant in his heads of argument. It is trite that such is not
permissible .
[6] My opinion is that there are no prospects of success. I am satisfied that there is no other
court that will come to a different conclusion given this set of circumstances. It is not the case
of the applicant that despite this, there are some other compelling reasons why the appeal
should be heard, including conflicting judgment on the matter under consideration. In my view,
the application should fail.
[7] Accordingly, I make the following order:
The application for leave to appeal is dismissed with costs on Scale Bas contemplated under
rule 67 A of the Uniform Rules of the Court.
~p----
MPAMAAJ
Appearances
For the applicant:
For the respondent: Schoeman Steyn Inc, Bloemfontein
Christo Faber Attorneys Inc, Kimberley
c/o Stander & Associates, Bloemfontein . 4