IN THE HIGH COURT OF SOUTH AFRICA
SOUTH GAUTENG HIGH COURT
JOHANNESBURG

CASE No. 2009/52898

In the application for leave to appeal between:

MUSTAFA AMAN ARSE 				Applicant

and

MINISTER OF HOME AFFAIRS			First Respondent
DIRECTOR-GENERAL,

DEPARTMENT OF HOME AFFAIRS		Second Respondent

BOSASA (PTY) LTD
T/A PROSPECTS TRADING			Third Respondent

____________________________________________________________

JUDGMENT
____________________________________________________________

WILLIS J:

This is an application for leave to appeal against the judgment and order which I gave in this matter on Thursday, 7th January, 2010.

The case involves novel principles of law and the interpretation of relatively new legislation. It also entails a difficult “balancing act” between competing interests and rights. The respondents very fairly and correctly did not oppose the application.  I am satisfied that there are reasonable prospects of success on appeal. The matter certainly touches upon important issues of law and indeed is of considerable importance to the parties.

 The parties agreed that if leave to appeal were to be granted the appropriate forum to hear the appeal would be the Supreme Court of Appeal. I too agree. The case deserves a further hearing before our “elders” in the hierarchy of courts.

The following order is made:

(i)	The application for leave to appeal is granted;
The appeal is directed to the Supreme Court of Appeal;
The costs in the application for leave to appeal are to be costs in the appeal;
The registrar of the Supreme Court of Appeal is respectfully requested to allocate a date for the hearing of the appeal as a matter of priority.

DATED AT JOHANNESBURG THIS 11th DAY of JANUARY 2010.

N.P. WILLIS
JUDGE OF THE HIGH COURT