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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

IN THE HIGH COURT OF SOUTH AFRICA

KWAZULU-NATAL DIVISION, PIETERMARITZBURG

 

Case No: 4331/2020P

 

In the matter between:

THE PRUDENTIAL AUTHORITY                                               Appellant

and

MKHULULI NOBLE DLAMINI                                                   First Respondent

(Identity Number: [....])

NOSIPHO PRUDENCE DLAMINI                                              Second Respondent

(Identity No: [....])

 

ORDER

[1]          The application for leave to appeal against the whole of my judgment delivered on 18 March 2022 is granted to the Supreme Court of Appeal.

[2]          The costs of the application will be costs in the appeal.

 

JUDGMENT

 

Ploos Van Amstel J

[1]          By agreement between the parties, the application for leave to appeal was decided without the hearing of oral argument. Both parties however, submitted written heads of argument.

[2]          I consider that I should grant leave to appeal to the Supreme Court of Appeal, on the basis that the appeal will have reasonable prospects of success and on the further basis that The Prudential Authority needs guidance on the proper interpretation of Sections 83 and 84 of the Banks Act, 94 of 1990.

[3]          With regard to the delay which has occurred in this matter, I record that the parties agreed in September 2022 that the application would be dealt with on the papers, with written heads of argument. Heads of argument were delivered on 13 and 21 October 2022, when I was on long leave. I returned to work on 15 November 2022.

[4]          Order:

(a)      The application for leave to appeal against the whole of my judgment delivered on 18 March 2022 is granted, to the Supreme court of Appeal.

(b)      The costs of the application will be costs in the appeal.

 

Ploos Van Amstel

 

CASE INFORMATION

Date Judgement Delivered                     17 November 2022

APPEARANCES

For the Applicant:                                     Mr J E Smit

Instructed by:                                           WERKSMAN$ ATTORNEYS

155 -5th Street

Sandown

SANDTON

Tel: (011) 535 8134

Email: lsilberman@werksmans.com

(Ref: LSilberman/SOUT3267.246

c/o STOWELL & CO.

295 Pietermartiz Street

PIETERMARITZBURG

Tel: (033) 845 0500

Email: zeldas@stowell.co.za

(Ref: P L FIRMAN/WER/0064

For the Respondent:                                Mr W J Roos

Instructed by:                                           LEOFI LESHABANA INCORPORATED

ATTORNEYS

442 West Street, Pretoria North

Tel: 012 546 3771 / Cell: 084 477 1257

Email: info@leofileshabana.co.za

c/o TOMLINSON MNGUNI JAMES ATTORNEYS

12 Montrose Park Boulevard

Victoria Country club Estate Office Park

170 Peter Brown Drive

Montrose

PIETERMARITZBURG

Tel: 033 341 9100

Email: nontobekom@tmj.co.za

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