REPUBLIC OF SOUTH AFRICA

SOUTH GAUTENG HIGH COURT
JOHANNESBURG

CASE NO:   21261/08

(1)	REPORTABLE: YES / NO
(2)	OF INTEREST TO OTHER JUDGES: YES/NO
(3)	REVISED. 

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                   DATE			        SIGNATURE

In the matter between:

PRINS, YVETTE MERCELLE					    Plaintiff

and

ROAD ACCIDENT FUND						     Defendant

and

SHANE ROUX						               Applicant
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J U D G M E N T 
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MOJAPELO, DJP:
[1] 	This is an application for leave to appeal against the whole of the judgment of this court delivered on 23 March 2013 in so far as the judgment dealt with the applicant, who was the respondent in that judgment.  

[2] 	In the light of considerable delays caused to the running of the civil trial roll by employees of the Road Accident Fund, who do not give timeous instructions or give no instructions at all to the legal representatives who appear daily for the fund, or who give patently unreasonable instructions, it is reasonable and fair that the way in which the roll call court deals with or should deal with such conduct should be examined now and again.

[3] 	Having examined the grounds of the intended appeal, and having considered the submission of counsel in the context, I hold the view that there are reasonable prospects that another court may see the matter differently. 

[4]	Counsel for the applicant has, without being prompted thereto, withdrawn the first ground as appears from the notice of application for leave to appeal.  

[5]	I accordingly make the following order:   
	1.	Leave to appeal is hereby granted to the full bench of this court.
	2.	The costs of this application shall be costs in the appeal.
  
  ___________________________
     P M MOJAPELO
      DEPUTY JUDGE PRESIDENT
    SOUTH GAUTENG HIGH COURT

Counsel for the Applicant:				M Patel 
Instructed by:					Routledge Modise
Date of Hearing:					07 April 2013
Date of Judgment:					07 April 2013