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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

 

CASE NO: 43125/13

18/2/2016

Not reportable

Not of interest to other judges

Revised

 

In the matter between:

 

BARBERTON MINES (PTY) LTD                                                                           Applicant

and

 

MPUMALANGA TOURISM AND PARKS AGENCY                                     1^st Respondent

MOUNTAINLANDS OWNERS ASSOCIATION                                            2^nd Respondent

THE TRUSTEES FOR THE TIME BEING OF THE                                      3^rd Respondent

LOMSHIYO TRUST

WAY PROP TWO (PTY) LTD                                                                        4^th Respondent

SIMPLY SEE (PTY) LTD                                                                               5^th Respondent

THE DEPUTY DIRECTOR GENERAL:                                                        6^th Respondent

DEPARTMENT OF MINERAL RESOURCES

THE REGIONAL MANAGER: EMALAHLENI                                              7^th Respondent

REGIONAL OFFICE, DEPARTMENT OF

MINERAL  RESOURCES

THE DIRECTOR GENERAL: DEPARTMENT OF

MINERAL RESOURCES                                                                               8^th Respondent

THE MINISTER OF MINERAL RESOURCES                                               9^th Respondent

 

APPLICATION FOR LEAVE TO APPEAL JUDGMENT

 

Bagwa J

[1] This is an application for leave to appeal against my judgment of 28 October 2015 by the first and second respondent.

[2] The grounds for the application are set out in detail in the application for leave and I do not propose to repeat those in this brief ex tempore judgment.

[3] Making reference to those grounds Mr Wesley has addressed me comprehensively expanding on those grounds. Mr Lazarus in his equally comprehensive address and with reference to his heads of argument has sought to persuade me not to grant leave to appeal.

[4] It is correct that whilst the facts  of the case may be simple and easy to comprehend, those facts, the relevant statutory and case law on which the parties base their respective cases raise difficult and novel points of law which can be subject to different ways of interpretation.

[5] On that basis, I am of the view that another court could possibly come to a conclusion different from the one reached in my judgment.

[6] In the result the following order is made:

6.1. Leave is granted to appeal to the Supreme Court of Appeal against the whole judgment and order including the order for costs against the first and second respondents only.

6.2. Costs to be costs in the Appeal.

 

_________________________

S.A.M. BAQWA

JUDGE OF THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

Date of Hearing:              18 February 2016

Date of Judgment:            18 February 2016

For the Applicant:              Adv. P. Lazarus (SC)

Instructed by:                    Malan Scholes Incorporated

For the Respondents:       Adv. M. A. Wesley (SC)

Instructed by:                   Richard Spoor Incorporated

                                         (1^st to 5^th Respondents)

Instructed by:                    The State Attorney

                                          (6th to 9th Respondents)

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