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[2025] ZALCC 53
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Law and Another v Khumalo and Others (LCC93/2024) [2025] ZALCC 53 (9 December 2025)
IN
THE LAND COURT OF SOUTH AFRICA
HELD
AT RANDBURG
L
CC93/2024
BEFORE
THE HONOURABLE FLATELA J
Heard on 24 November
2025
Delivered on 09
December 2025
(1)
REPORTABLE:
YES/NO
(2)
OF INTREST TO
OTHER JUDGES: YES/NO
(3)
REVISED: YES/NO
In
the matter between:
DURAN
LAW
First Applicant
GAVIN
LAW
Second Applicant
And
NKOSINATHI
HKHUMALO
First
Respondent
GAMANE
ZONDO
Second Respondent
FUNAPHI
MAZIBUKO
Third Respondent
THE SOCIO-ECONOMIC
RIGHTS INSTITUTE
OF
SOUTH AFRICA
Fourth Respondents
ORDER
1.
The application for
leave to appeal is refused.
2.
There is no order as to
costs.
JUDGMENT
FLATELA
J
Introduction
[1]
This is an application for leave to appeal
brought by the Applicants against the judgment of mine dated the 20th
of May 2025.
[2]
The test for the
granting of leave to appeal pertinent to the present matter is set
out in
section 17(1)
of the
Superior Courts Act 10 of 2013
as
follows:
“
(
1)
Leave to appeal may only be given where the judge or judges concerned
are of the opinion that:
(a)
(i) the appeal would have a
reasonable prospect of success or
(ii) there is
some other compelling reason why the appeal should be heard,
including conflicting judgments on the matter under
consideration”
[3]
I have considered the grounds upon which
the application has been made and the reasons I have given for the
judgment. I have also
reviewed the submissions made by counsel for
the applicants seeking leave to appeal, and by counsel opposing such
leave on behalf
of the Respondents.
[4]
I am not persuaded that another court
would come to a different conclusion or that there is some other
compelling reason why leave
to appeal should be granted.
[5]
In the circumstances, I make the following
order:
1.
The application for
leave to appeal is refused.
2.
There is no order as to
costs.
L
FLATELA
JUDGE
LAND COURT
Date
of hearing: 24 November
2025
Date
of judgment: 09
December
2025
Appearances
Attorney
for the First, Second and Third Applicants
:
Ms Nkomonde
Instructed
by:
Legal
Aid South Africa
Counsel
for the Respondents
:
Mr I Veerasamy
Instructed
by: Maree & Pace, Mpulo Inc
For
the Amicus Curiae – SERI LAW CLINIC