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

In the matter between: 

 and

MINISTER OF TRANSPORT AND PUBLIC WORKS 
PROVINCIAL GOVERNMENT OF 

THE HEAD OF THE DEPARTMENT OF 

JUDGMENT

Application for leave to Appeal

LOUW, J:

There was a delay in bringing this application for leave to appeal. Although the notice of application for leave to appeal was served on 8 July 2009, the matter was delayed until fairly recently when arrangements were made for the hearing of the application.

There is a reasonable prospect that another court may come to a different conclusion in regard to the issues I decided. In the circumstances there should be condonation for the late prosecution of the application for leave to appeal.

The merits of the main application concerns the interpretation of the so called Absa guarantee upon which the second and third respondent based their claim against the first respondent, the guarantor. I have given an interpretation of that guarantee. The interpretation of that document is, however, not a straightforward matter. It concerns difficulty questions of interpretation. As I have said earlier, there is a reasonable prospect that another court may conclude that my conclusion and the interpretation of the guarantee is incorrect.

1.  The delay in bringing the application is condoned.
2. Leave to appeal is granted to appeal to the Supreme Court of Appeal against the judgment delivered and the orders made by me on 9 June 2009, on the grounds set out in the application for leave to appeal.
3. The cost of this application shall stand over for determination by the Court of Appeal. That will include the issue as to whether or not the cost of two counsel in this application is justified.