South Africa: North Gauteng High Court, Pretoria

You are here:
SAFLII >>
Databases >>
South Africa: North Gauteng High Court, Pretoria >>
2022 >>
[2022] ZAGPPHC 102
| Noteup
| LawCite
Calitz and Others v Minister of Police (62934/2014) [2022] ZAGPPHC 102 (17 February 2022)
Download original files |
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
[1] Smith v S 2012 (1) SACR 567 (SCA) at para 7.