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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: NO

 

Date:    17  February 2022

CASE NO: 62934/2014

 

 

In the matter between:

JOLANDIE CALITZ AND TWO OTHERS N.O.                                                  APPLICANT

and

MINISTER OF POLICE                                                                                          RESPONDENT

JUDGMENT

Van der Schyff J

 

Introduction

 

 

[1]            In this judgment, the parties are referred to as in the action.

 

[2]            The plaintiff filed an application for leave to appeal against the whole of the judgment and order delivered on 29 October 2021. The plaintiff raised several grounds of appeal. I do not intend to deal with these grounds herein, as I handed down a written judgment wherein I dealt extensively with the reasons for my findings.

 

[3]            It is trite that to succeed in an application for leave to appeal, ‘more is required to be established than that there is a mere possibility of success, that the case is arguable on appeal or that the case cannot be categorised as hopeless.’[1] After considering the grounds of appeal, I am not of the opinion that, on the unique facts of this case and the evidence presented, a reasonable probability exists that another court would come to a different conclusion.

 

ORDER

In the result, the following order is made:

1.    The application for leave to appeal is dismissed with costs, including the costs of two counsel.

E van der Schyff

Judge of the High Court

 

Delivered:  This judgement is handed down electronically by uploading it to the electronic file of this matter on CaseLines. It will be sent to the parties/their legal representatives by email as a courtesy gesture. The date for hand-down is deemed to be 16 February 2022.

 

Counsel for the applicant:                            Adv. L Kellerman SC

With:                                                            Adv. W Gibbs

Instructed by:                                               OKEKE Attorneys

Counsel for the respondent:                         Adv. M W Van Zyl SC

With:                                                            Adv. D G V O Sevenster

Instructed by:                                               State Attorney, Pretoria

Date of the hearing:                                     9 February 2022

Date of judgment:                                          17 February 2022     

                                                                           

 

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