IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION , PRETORIA
(1) REPORTABLE:~ NO
(2) OF INTERES T TO OTHER JUDGES: %/ NO
(3) REVISED
DATE : 15 October 2025
In the m atter between:-
SELONAETHYPERSADH
THE MINISTER OF POLICE NO
SERGEANT SYDNEY PHAHLANE NO
THE MAGISTRATE PRETOR IA NORTH NO
IN RE:
THE MINISTER OF POLICE NO
SERGEANTS Y DNEYPHAHLANENO
CASE NO: 112707/23
HEARD ON: 16 October 2025
JUDGMENT: 16 October 2025
APPLICANT
FIRST RESPONDENT
SECOND RESPONDENT
THIRD RESPONDENT
FIRST APPELLANT
SECOND APPELLANT
2
THE MAGISTRATE PRETORIA NORTH NO
AND
SELONAETHYPERSADH
JUDGMENT - LEAVE TO APPEAL
Strijdom J
THIRD APPELLANT
RESPONDENT
1. In this matter the Applicants (Appellants) apply for leave to appeal to the Full Court
of this Division, alternatively to the Supreme Court of Appeal, against the whole of
my Judgment and order delivered on 5 June 2025.
2. The application for leave to appeal is opposed by the Respondent.
3. The grounds of appeal are comprehensively set out in the application for leave to
appeal and I do not intend to repeat same.
4. Section 17(1 )(a) of the Superior Courts Act 10 of 2013 provides that leave to appeal
may only be granted where the Judge or Judges concerned are of the opinion that
the appeal would have a reasonable prospect of success, or if there is some
compelling reason why the appeal should be heard including conflicting judgments
on the matter under consideration.
3
5. With the enactment of section 17 of the Act, the test has now obtained statutory
force and is to be applied using the word "would" in deciding whether to grant leave.
In other words, the test is "would another Court come to a different decision."
6. If a reasonable prospect of success is established, leave to appeal should be
granted. The Court must assess the grounds on which leave to appeal is sought
against the facts of the case and the applicable legal principles to ascertain whether
an Appeal Court would interfere in the decision in question. 1
7. A mere possibility of success, an arguable case or one that is not hopeless, is not
enough. There must be a sound rational basis to conclude that there is a
reasonable prospect of success on appeal. The Court must then enquire whether
there is some other compelling reason for the appeal to be heard.2
8. In respect of the application for leave to appeal against the whole of my judgment
the applicants raised as grounds a challenge to every finding made in the judgment.
The argument on this aspect was essentially a re-presentation of that which was
advanced during the main application, and which was dealt with in the judgment.
9. I have considered the grounds upon which this application for leave to appeal has
been brought and the arguments advanced by the parties at the hearing. I have
also considered the reasons for my judgment on the main application and am of
the view that there is neither a reasonable prospect that another Court would come
1 See Ce/osia Sltippi11g Ltd v MV "East Ayuttl1aya" a11d Others 2025 (KZD)
1 See Mi11ister of Justice a11d Co11slitutio11a/ Deve/opme11t and Others v S011ther11 Africa litigatio11 Ce11tre a11d
Others 2016 (3) SA 317 (SCA) at 330 C
4
to a different conclusion nor an arguable point of law or other compelling reason
wh ich merits the granting of leave to appeal.
10. In the circumstances, it is ordered that:
11. The application for leave to appeal is dismissed with costs.
Appearances:
For the applicants: Adv S Buthelezi
Instructed by: State Attorney, Pretoria
For the respondent: Adv N Jagga
Instructed by: Vardakos Attorneys
Judge of the Hight Court, South Africa
Gauteng Division, Pretoria