Institute of Market Agents of South Africa v City of Johannesburg Metropolitan Municipality and Others (Leave to Appeal) (2023-114530) [2025] ZAGPPHC 1235 (14 November 2025)

30 Reportability
Civil Procedure

Brief Summary

Leave to Appeal — Application for leave to appeal — Dismissal of application based on common cause facts — No disputes of fact present — Costs awarded on scale C — Application dismissed with costs, including costs of two counsel.

REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
(1) REPORTABLE : NO
(2) OF INTERES T TO OTHER JUDGES : NO
(3) REVISED: YES
I !etc! II I .._,, ..,__ ~ .
DAT SIG
In the matter between:
INSTITUTE OF MARKET AGENTS OF
SOUTH AFRICA
and
CITY OF JOHANNESBURG
METROPOLITAN MUNICIPALITY
JOBURG MARKET (SOC) LTD
MINISTER OF PUBLIC WORKS AND
INFRASTRUCTURE
Case Number: 2023-114530
App licant a quo
Respondent irn Leave to Appeal
First Respondent a quo
First Applicant in Leave to Appeal
Seco nd Respondent a quo
Second App licant in Leave to Appeal
Third Respondent a quo

MINISTER OF PROVINCIAL AND LOCAL
GOVERNMENT
2
MINISTER OF LABOUR AND EMPLOYMENT
M INISTER OF HEALTH AND FAMILY WELFARE
NATIONAL TREASURY/MINISTER OF FINANCE
MINISTER OF JUSTICE AND CONSTITUTIONAL
DEVELOPMENT
AGRICULTURAL PRODUCE AGENTS COUNCIL
Fourth Respondent a quo
Fifth Respondent a quo
Sixth Respondent a quo
Seventh Respondent a quo
Eight Respondent a quo
Ninth Respondent a quo
This judgment was prepared and authored by the Judge whose name is reflected and
is handed down electronically by circulation to the Parties/their legal representatives
by email and by uploading it to the electronic file of this matter on CaseLines. The
date for handing down is deemed to be 14 November 2025.
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
POTTERILL J
(1] The order was granted on the common cause facts, there were no disputes of
fact.
[2] There was no punitive costs order granted.
[3] The same order was granted against the C ity of Tshwane and same is being
implemented rendering any argument that broader administrative and governance
issues arise untenable. The Johannesburg Ma rket (SOC) Ltd most certainly can and
must fulfil the declaration sought and orders granted.

3
Order
[4] The application for leave to appeal is dismissed with costs. including costs of two
counsel, on scale C.
GAUTENG DIVISION, PRETORIA

4
CASE NO: 2023-114530
HEARD ON: 13 November 2025
FOR THE 1 ST AND 2No APPLICANTS
(IN THE LEAVE TO APPEAL: ADV. L. MAUNATLALA
ADV. S.P. MHLONGO
INSTRUCTED BY : Wakaba and Partners Inc.
FOR THE RESPONDENT: ADV. J. DE BEER SC
ADV. B. LEDWABA
INSTRUCTED BY: Lotz Baloyi Horn Inc.
DATE OF JUDGMENT : 14 November 2025