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2025
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[2025] ZAGPPHC 1350
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Noge-Tungamirai v Minister of Communications and Digital Technologies and Others (Leave to Appeal) (107704/2023) [2025] ZAGPPHC 1350 (10 December 2025)
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
Case No:
107704/2023
(1)
REPORTABLE: No
(2)
OF INTEREST TO OTHER JUDGES: No
(3)
REVISED:
DATE
10 DECEMBER 2025
SIGNATURE
In
the matter between:
LETLHOGONOLO
NOGE-TUNGAMIRAI
Applicant
and
MINISTER
OF COMMUNICATIONS AND DIGITAL
First Respondent
TECHNOLOGIES
THE
DEPARTMENT OF COMMUNICATIONS AND
Second Respondent
DIGITAL
TECHNOLOGIES
POSTBANK
(SOC) LIMITED
Third Respondent
This
judgment is prepared and authored by the Judge whose name is
reflected as such 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 10 December 2025.
JUDGMENT:
LEAVE TO APPEAL
RETIEF
J
INTRODUCTION
[1]
The applicant seeks leave to appeal against the whole of the judgment
and order,
including costs, to the Full Court of this Division,
alternatively to the Supreme Court of Appeal in respect of the order
dated
the 18 August 2025.
[2]
Leave to appeal is sought in circumstances when the applicant was
successful
with her review relief but, in circumstances where the
decision by the First Respondent [the Minister] although found to be
unlawful
for want of procedural fairness was, not set aside as
reasoned in the judgment.
[3]
Although this Court granted costs in the applicant’s favour,
save for
the costs associated with the applicant’s
supplementary affidavit, the applicant now seeks punitive costs
against the Minister.
In consideration of what is before this Court
on application, as a whole, it appears that the nub of the complaint
is that the
Court misdirected itself by not exercising its discretion
judicially to allow the applicant’s supplementary affidavit
into
evidence. The applicant by means of her supplementary affidavit
introduced yet a further ground of review, the
ulterior motive of the Minister. This of course is sought to bolster
her claim for punitive costs and remedial re-instatement relief
and
not, for the fact that the Minister’s decision was found to be
unlawful. This is so as any other reason/s to be found
that may
substantiate yet a further reason why the Minister’s decision
still ought to be found unlawful, will not alter the
fact that it has
already been found unlawful and reviewable.
[4]
However, if the Minister’s decision is found not to be rational
as reasoned,
then the prospect of it being set aside and any
consequences of remedial relief, if demonstrated, may flow.
[5]
Therefore, and on that narrow basis, this Court grants the applicant
leave to
appeal to the Full Court of this Division regarding the
issues to be determined regarding the outcomes of prayers 3 and 4 and
sequelae
, of the order dated the 18 August 2025.
[6]
In so far as the costs of this application are concerned, the
Minister nor the
Second Respondent opposed the application and the
Court considered the application on paper, in consequence no cost
order should
follow the result.
[7]
The following order:
1. The
Applicant is granted leave to appeal to the Full Court of this
Division which is to determine whether
the First Respondent’s
unlawful decision to remove the Applicant from the Board of the S.A.
Postbank SOC Limited is to be
set-aside, including the prospect of
the Applicant’s remedial relief claimed and costs.
L.A.
RETIEF
Judge
of the High Court
Gauteng
Division
Appearances
:
For the Applicant:
Adv Mashigo
Sandton Chambers
Instructed by
attorneys:
Kganare and
Khumalo Incorporated
Tel: (010) 300
6165
Email:
kganare@kkinc.co.za
Ref:
KK/gen/CIV/24/LT1
Date of heads of
argument:
20 November 2025
Date of judgment
:
10
December
2025