---

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

(1)     REPORTABLE: NO

(2)     OF INTEREST TO OTHER JUDGES: NO

(3)     REVISED

CASE NO: 43181/2016

31/10/2019

 

In the matter between:

 

CERVANTIES TRADING CC                                                                                    Applicant

(Applicant in the application for leave to appeal)

 

V

 

CITY OF TSHWANE METROPOLITAN MUNICIPALITY                                  Respondent

(Applicant in the application for leave to appeal)

JUDGMENT: APPLICATION FOR LEAVE TO APPEAL

AC BASSON, J

[1]        On 21 May 2019 this court dismissed the following two applications: (i) an application to condone the applicant's failure to comply with the provisions of section 3(1)(a) of the Institution of Legal Proceedings against Certain Organs of State Act[1]  and (ii) an application that the late filing of the replication be condoned.

[2]        The application for leave to appeal is slightly late. I have considered the application for condonation and I am satisfied that a proper case for condonation has been made out.

[3]          It is not necessary to restate the grounds for leave to appeal as set out in the papers. Suffice to state that I have reconsidered the application for leave to appeal and my judgment in deciding whether leave to appeal should be granted. I am upon reconsideration persuaded that the applicant has reasonable prospects of success on appeal.

 

Order:

 

1.        Condonation is granted for the late filing of the application for leave to appeal.

2.        Leave to appeal is granted to the full court of this division.

3.        Costs to be costs in the appeal.

 

 

 

AC BASSON

JUDGE OF THE HIGH COURT

 

 

 

Appearances:

For the applicant:     Adv Els

Instructed by:           Albert Hibbert Attorneys

For the respondent: Adv Mofokeng

Instructed by:           Gildenhuys Malatji Inc

---