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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER: 19694/2008

DATE: 25 MARCH 2010

In the matter between:

THE LAND AGRICULTURAL DEVELOPMENT

BANK OF S A t/a LANDBANK Applicant

and

1. TWEE JONGE GEZELLEN (PTY) LTD 1^st Respondent

2. NICOLAS CHARLES KRONE 2^nd Respondent

3. MINISTER OF JUSTICE & CONSTITUTIONAL

DEVELOPMENT 3^rd Respondent

JUDGMENT

Application for Leave to Appeal

DESAI, J:

This is an application for leave to appeal to the Supreme Court of Appeal, alternatively to a full bench of this court, against the whole of my judgment. When this matter was initially argued before me, Counsel then appearing for the 1^st and 2^nd respondents resisted the grant of provisional sentence on several grounds, including a wide ranging attack upon the constitutionality of the provisional sentence procedure.

Counsel now appearing for the said respondents has, in effect, abandoned most of the defences advanced by his predecessor. He seeks leave to appeal only on the limited basis set out in the final paragraph of the defendants' application for leave to appeal. For the reasons set out in my judgment, I am of the view that there are no reasonable prospects of another Court coming to a different conclusion, not even on the limited basis now being suggested by defendants' counsel.

In the result,the application for leave to appeal is dismissed with costs.

DESAI, J

THE SUPREME COURT OF APPEAL

OF SOUTH AFRICA

SCACASENO: 261/10

WCHCCASENO: 19694/08

In the matter between;

TWEE JONGE GEZELLEN (PTY) LTD 1^st APPLICANT

NICOLAS CHARLES KRONE 2^nd APPLICANT

and

LAND & AGRICULTURAL DEVELOPMENT BANK OF

SA t/a LAND BANK 1^st RESPONDENT

MINISTER OF DOJ & CD 2^nd RESPONDENT

COURT ORDER

AS PER PONNAN JA et R PILLAY AJA ORDERED ON 24 JUNE 2010

The application for leave to appeal is dismissed with costs.

By the court

AE VAN DEN BERGH (MRS)

ACTING REGISTRAR

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