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2026
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[2026] ZAGPPHC 51
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Pityana v Prudential Authority and Others (Leave to Appeal) (53829/21) [2026] ZAGPPHC 51 (20 January 2026)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO: 53829/21
1.
REPORTABLE: NO
2.
OF INTEREST TO OTHER JUDGES: NO
3.
REVISED: NO
DATE:
20 January 2026
SIGNATURE
OF JUDGE:
In
the matter between:
SIPHO
MILA PITYANA
APPLICANT
and
PRUDENTIAL
AUTHORITY
FIRST RESPONDENT
ABSA
GROUP LIMITED
SECOND RESPONDENT
ABSA
BANK LIMITED
THIRD RESPONDENT
ORDER
1.
The Applicant is granted leave to appeal to the Supreme Court of
Appeal.
2.
The costs for leave to appeal shall be costs in the appeal.
JUDGMENT
FLATELA
J
Introduction
[1]
This is an application for leave to appeal brought by the Prudential
Authority against the whole
of the judgment and order I handed down
on 13 June 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 also reviewed the submissions made by counsel for the
Applicant seeking leave to appeal,
and by counsel opposing such leave
on behalf of the First respondent.
[4]
I am persuaded that the appeal has a reasonable prospect of success;
another court would come
to a different conclusion. Therefore, leave
to appeal is granted in terms of
section 17(1)(a)(i)
and (ii) of the
Superior Courts Act 10 of 2013
[5]
In the circumstances, I make the following order:
1.
The Applicant is granted leave to appeal to the Supreme Court of
Appeal.
2.
The costs for leave to appeal shall be costs in the appeal.
FLATELA
LULEKA
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION, PRETORIA
This
Judgment was handed down electronically by circulation to the
parties' and or parties' representatives by email and
by being uploaded to CaseLines. The date and time for the handed down
is deemed
to be 10h00 on 20 January 2026.
APPEARANCES:
Counsel
for the 1
st
Applicant:
NH Maenetje SC
S Mahlangu
Instructed
by:
Werkmans Attorneys
Counsel
for the 1
st
Respondent: A Franklin SC
N Stein
Instructed
by:
Haffajee Roskam Savage Attorneys
For
the 2
nd
and 3
rd
Respondents: CDA Loxton SC
MiIovanovic-Bitter
Instructed
by
Webber Wenzel Attorneys:
Date
of the Hearing: 08
December 2025
Date
of the Judgement: 19 January 2026