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IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA)

NOT REPORTABLE
NOT OF INTEREST TO OTHERS
REVISED

Case  number: 37510/2012
						Date: 26 JULY 2016

In the matter between:

SATHYANDRANATH RAGUNANAN MAHARAJ ZARINA  CARRIM MAHARAJ
  FIRST APPLICANT 
    SECOND APPLICANT

NATIONAL DIRECTOR OF PUBLIC  PROSECUTIONS

THIRD APPLICANT

And

M AND G CENTRE FOR INVESTIGATIVE JOURNALISM  NPC
FIRST RESPONDENT

M AND G MEDIA LIMITED

STEPHEN  PATRICK  "SAM" SOLE

SECOND RESPONDENT

THIRD RESPONDENT

2

JUDGMENT (APPLICATION  FOR  LEAVE TO APPEAL)

PRETORIUS  J ,

(1)	I have considered the application for  condonation  for  the  late  filing of the application for leave to appeal by the National Director of Public Prosecutions. The respondents opposed the application due to the application only being served and filed on  17  June  2016,  one  day before the leave to appeal was to be heard.

(2)	The second and third respondents, in the main application, the present first and second applicants,  served  and filed their  application  for  leave to appeal timeously on 17 May 2016.

(3)	I have considered the reasons for requesting leave to  appeal  by the first and second applicants and have come to the conclusion that leave to appeal to the Supreme Court of Appeal should be granted, as  there is a reasonable prospect that another court may come to a different conclusion in regards to the respondents being in possession of the documents of the investigation.  As a result of deciding to grant  leave to appeal to the first and second applicants, I will grant condonation to the third applicant as well as grant leave to appeal.
(1)	
3

(4)	In the result the following order is made:

1.	Leave to appeal to the Supreme Court of Appeal is granted;

2.	Cost of the condonation application to  be  paid  by  the  third applicant, the National Director of Public Prosecutions.
3.	Costs to be costs in the appeal.

Judge C Pretorius

Case number	: 37510/2012

Matter heard on	: 20 June 2016

For the 1st and 2nd Applicants Instructed by

: Adv MR Hellens SC

: BOK Attorneys

For the 3rd Applicant Instructed by

: Adv K Pillay SC, Adv M Lekoane

: The State Attorney

For the Respondents Instructed by

: Adv  F Ismail, Adv Webber

: Webber Wentzel Attorneys

Date of Judgment	: 26 July 2016