IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER:						4174/2008 

DATE:							27 FEBRUARY 2009
In the matter between: 

and
1.	
2.	VIKING PONY AFRICA PUMPS 

3. BUNKER HILLS PUMPS (PTY) 

JUDGMENT 
(Application for Leave to Appeal)

Having heard Mr Dickerson's argument and having listened to Mr Joubert in reply, I am of the view that there is a reasonable prospect that another Court might come to a different conclusion on the interpretation of the regulations in question in this matter, which do give rise to some linguistic and legal difficulties, and I accordingly think it appropriate that leave be granted to appeal against the findings in the principal application.

In the result, therefore, I make the following order: that leave to appeal against the orders made in paragraphs 1 and 2 of my judgment is granted. Counsel were agreed that if I were to grant leave, the appeal should be to the Supreme Court of Appeal. I am in agreement with that point of view and it is accordingly so ordered. I am indebted to counsel for their arguments.