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: YES
DATE: 02 February 2026
SIGNATURE OF JUDGE:
In the matter between:
PRUDENTIAL AUTHORITY
ABSA GROUP LIMITED
ABSA BANK LIMITED
And
SIPHO MILA PITY ANA
ORDER
First Applicant
Second Applicant
Third Applicant
Respondent
1. The Applicants are granted leave to appeal to the Supreme Court of Appeal.
2. The costs for leave to appeal shall be costs in the appeal.
JUDGMENT
1
2
FLATELA J
Introduction
[1] This is an application for leave to appeal brought by the Applicants 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 Applicants
seeking leave to appeal, and by counsel opposing such leave on behalf of the
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 Applicants are granted leave to appeal to the Supreme Court of Appeal.
2. The costs for leave to appeal shall be costs in the appeal.
3
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 27 January 2026.
APPEARANCES:
Counsel for the 1st Applicant: NH Maenetje SC
S Mahlangu
Instructed by: Werkmans Attorneys
Counsel for the 1st Respondent: A Franklin SC
N Stein
Instructed by: Haffajee Roskam Savage Attorneys
For the 2nd and 3rd Respondents: CDA Loxton SC
Milovanovic-Bitter
Instructed by Webber Wenzel Attorneys:
Date of the Hearing: 08 December 2025
Date of the Judgement: 20 January 2026