Sadiqi v National Director of Public Prosecutions and Others (Leave to Appeal) (2025/249561) [2026] ZAGPPHC 269 (13 April 2026)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Application for leave to appeal — Section 17(1)(a) of the Superior Court Act, 10 of 2013 — Applicant sought leave to appeal against a high court judgment — Court found no reasonable prospect of success and no compelling reason for the appeal to be heard — Application for leave to appeal refused with costs.

REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
(1} REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: YES
13 Apri l 2026
DATE SIGNATURE
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CASE NO:2025/2 9561
In the matter betwee n:
FRANK BUYANGA SADIQI
and
NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS
MINISTER OF JUSTICE AND CORRECTIONAL SERVICES
DEPARTMENT OF CORRECTIONAL SERVICES
NATIONAL COMMISSIONER OF CORRECTIONAL
SERVICES SUN CITY CORRECTIONAL FACILITY
JOHANNESBURG CORRECTIONAL FACILITY
SUNCITY PRISON
Ap licant
1st Resp
2nd Resp
dent
dent

MINISTER OF HOME AFFAIRS
DEPARTMENT OF HOME AFFAIRS
SOUTH AFRICA POLICE SERVICES
INVESTIGATION OFFICER IN THE MATTER OF THE
APPLICANT UNDER CASE NUMBER 3/5921/2022
MAGISTRATE OF THE RANDBURG MAGISTRATE'S
COURT RANDBURG
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
2
(The mater was heard in open court on 25 March 2026. Judgment was r erved
and the reserved judgment was handed down by uploading thereof o to the
electronic case of the matter on CaseLines. The date of the judgment tis emed
to be the date of uploading thereof onto Caselines).
BEFORE: HOLLAND-MUTER J:
[1] A party aggrieved by a judgment in a high court may apply for leave to ppeal
that judgment in terms of section 17(1)(a) of the Superior Court Act, 10 f 2013
("the Act").
[2] The provisions of section 17(1)(a) states that leave to appeal may nly be
given where the court concerned is of the view that:
(i) the appeal would have a reasonable prospect of success; or

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(ii) there is some other compelling reason why the appeal should be heard,
including conflicting judgments on the matter under consideration.
(3] Having heard the representatives of the parties and perusing the appl ation,
the court is of the view that there is no reasonable prospect of success a d that
there is no compelling reason why the appeal should be heard by anothe court.
[4) The following order is made'
The application for leave to appeal is refused with costs, costs to be on
party and party scale.
Judge of the Pretoria Hig Court
Matter was heard on 25 March 2025
Judgment was uploaded onto Caselines on 13 April 2026.
TO: The Applicant: Adv T Sellem
The Respondent: Adv MD Sekwakweng