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	1st Respondent
MOUNTAINLANDS OWNERS ASSOCIATION	2nd Respondent
THE TRUSTEES FOR THE TIME BEING OF THE	3rd Respondent
LOMSHIYO TRUST
WAY PROP TWO (PTY) LTD	4th Respondent
SIMPLY SEE (PTY) LTD	5th Respondent
THE DEPUTY DIRECTOR GENERAL:	6th Respondent
DEPARTMENT OF MINERAL RESOURCES
THE REGIONAL MANAGER: EMALAHLENI	7th Respondent
REGIONAL OFFICE, DEPARTMENT OF
MINERAL  RESOURCES
THE DIRECTOR GENERAL: DEPARTMENT OF
MINERAL RESOURCES 	8th Respondent
THE MINISTER OF MINERAL RESOURCES 	9th 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 
				(1st to 5th Respondents)

Instructed by:		The State Attorney
				(6th to 9th Respondents)