REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case Number: 143809/24
(1) REPORTABLE: 0
(2) OF INTEREST TO OTHER JU
(3) REVISED: :YES
5 May 2026
DATE
In the matter between:
LENAH MOTLAHABO LEBELO
and
FIRST NATIONAL BANK
Applicant
Respondent
JUDGMENT
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JANSE VAN NIEUWENHUIZEN J
Introduction
[1] On 9 January 2026, this court struck the ur gent application brought by the
applicant from the urgent roll due to a lack of urgency with costs.
[2] The applicant applies for leave to appeal the costs order.
Grounds of leave to appeal
[3] The applicant’s application is premised on the following grounds:
3.1 the application has been urgent for a long time;
3.2 the applicant is in dire need of funds; and
3.3 the applicant is not in a financial position to pay the costs.
Legal framework
[4] Section 17 of the Superior Courts Act, 10 of 2013, regulates applications for leave
to appeal, and the relevant portion reads as follows:
“17. (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..”
[5] The circumstances under which a court of appeal will interfere with the cost order
of a lower court are very limited and were summarised in Jacob G Zuma v The
Office of the Public Prosecutor and Others (1447/2018) [2020] ZASCA 138 (30
October 2020) at para [20] as follows:
“[20]……Interference is warranted only where the discretion was not exercised
judicially; the decision was influenced by wrong principles; the decision was
affected by a misdirection on the facts; or the decision could not reasonably have
been reached by a court properly directing itself to the relevant facts and
principles. It is not sufficient on appeal against a costs order simply to show that
the lower court's order was wrong."
Discussion
[6] Bearing the aforesaid test in mind and having had regard to the grounds of
appeal relied upon by the applicant, I am of the view that the appeal against the
cost order does not have a reasonable prospect of success.
ORDER
The application for leave to appeal is dismissed with costs. Counsel's fees on
scale B.
JANSE VAN NIEUWENHUIZEN J
JUDGE OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION
DATE OF HEARING : 23 April 2026
DATE OF JUDGMENT 5 May 2026
APPEARANCES
Applicant: In person
Counsel for the respondent: SG Webster
Instructed by : Kim Calvert Inc
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