IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE DIVISION, MTHATHA)
Case no: 398/2025
In the matter between:
NTOMBESIZWE GELEDWANA Applicant
and
MINISTER OF SOCIAL DEVELOPMENT First Respondent
THE CHAIRPERSON OF THE INDEPENDENT
TRIBUNAL FOR SOCIAL ASSISTANCE APPEALS Second Respondent
In re:
THE MINISTER OF SOCIAL DEVELOPMENT First Appellant
THE CHAIRPERSON OF THE INDEPENDENT
TRIBUNAL FOR SOCIAL ASSISTANCE APPEALS Second Appellant
and
NTOMBESIZWE GELEDWANA Respondent
___________________________________________________________________
JUDGMENT
___________________________________________________________________
Appels AJ
Introduction
[1] This is an action for leave to appeal against a judgment handed down on 13
November 2025 1 in which I dismissed an application by the applicant in which she
sought an order (inter alia) declaring that an appeal lodged by the respondents on 21
August 2015 had lapsed.
[2] Section 17(1)(a) of the Superior Cour ts Act 10 of 2013 (“the Act”) provides as
follows:
‘Leave to appeal may only be given where the judge or judges concerned are of the opinion
that –
(i) the appeal would have a reasonable prospect of success; or
(ii) there is some other compelling reason wh y the appeal should be heard, including
conflicting judgments on the matter under consideration;’
[3] I am of the view that the applicant would have reasonable prospects of
success on appeal. The applicant has therefore met the requirements to be granted
leave to appeal in accordance with section 17(1)(a)(i) of the Act.
Order
[4] In the circumstances, the following order shall issue:
1. The applicant is granted leave to appeal to the Full Court of the Eastern Cape
Division of the High Court.
1 The order was granted on 30 November 2025 and written reasons for the judgment were given on
13 November 2025.
2. The costs of the application for leave to appeal are to be costs in the appeal.
________________________
G APPELS
ACTING JUDGE OF THE HIGH
COURT
APPEARANCES:
For the Applicant: Mr Mhlawuli
Instructed by: S R MHLAWULI & ASSOCIATES
58 Wesley Street
MTHATHA
Heard : 23 February 2026
Delivered: 10 March 2026