REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 62934/2014

(1)	REPORTABLE: NO
(2)	OF INTEREST TO OTHER JUDGES: NO
(3)	REVISED: NO
 
Date:	   17  February 2022	E van der Schyff

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.’ 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