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[2026] ZAGPPHC 470
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Ruele v Road Accident Fund and Others (Leave to Appeal) (A321/2024) [2026] ZAGPPHC 470 (14 May 2026)
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REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Case
Number: A321/2024
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: YES
DATE
14/5/2026
SIGNATURE
In
the matter between:
LISBETH
RUELE
Applicant
and
ROAD
ACCIDENT
FUND
First Respondent
THE
SHERIFF, PRETORIA
EAST
Second Respondent
MALEPE
ATTORNEYS
Third Respondent
THE
LEGAL PRACTICE
COUNCIL
Fourth Respondent
This
judgment was prepared and authored by the Judge whose name is
reflected and is handed down electronically by circulation to
the
Parties/their legal representatives by email and by uploading it to
the electronic file of this matter on CaseLines.
The date for
handing down is deemed to be 14 May 2026.
JUDGMENT: APPLICATION FOR
LEAVE TO APPEAL
POTTERILL J
[1]
The applicant, Lisbeth Ruele, is applying
for leave to appeal “to the Supreme Court of Appeal against the
judgment and orders
given by the high court full bench, on the 14
th
of April 2026 …”
[2]
This application for leave to appeal is
procedurally fatally flawed in that the Full Court cannot give leave
to appeal to the Supreme
Court of Appeal. In terms of
Section
16(1)(b)
of the
Superior Courts Act 10 of 2013
an application for
special leave to appeal must be made in terms of
s17(3)
of the Act
and
rule 6
of the Rules of the Supreme Court of Appeal.
[3]
The transcription of these proceedings will
also be forwarded to the Legal Practice Council to investigate the
conduct of Mr Malatji
during these proceedings.
[4]
The application for leave to appeal is
dismissed with costs, inclusive of costs of one counsel on scale C.
S. POTTERILL
JUDGE OF THE HIGH COURT
GAUTENG DIVISION PRETORIA
I agree
N.G.M. MAZIBUKO
JUDGE OF THE HIGH COURT
GAUTENG DIVISION PRETORIA
I agree
J. VAN DER MERWE
ACTING JUDGE OF THE HIGH COURT
GAUTENG DIVISION PRETORIA
CASE
NO: A321/2024
HEARD
ON: 12 May 2026
FOR
THE APPLICANT: MR. S. MALATJI
INSTRUCTED
BY: Malatji S Legal Practitioners
FOR
THE FIRST RESPONDENT: ADV. T. PILLAY
ADV. C.M. RIP
INSTRUCTED
BY: Malatji & Co Attorneys
DATE
OF JUDGMENT: 14 May 2026