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

In the matter between: 

and

CHIEF OF SOUTH AFRICAN DEFENCE

JUDGMENT 
(Application for Leave to Appeal)

This is an application for leave to appeal against the judgment of this Court on 2 September 2010. Reasons for dismissing the application was set out comprehensively in the written judgment and I do not intend to traverse the dispute save where it is strictly necessary.

As I noted in the principal judgment, whatever the dispute with regard to delay, the founding affidavit provides no explanation as to why between  December 2006 and 26 June 2008, applicant took no action to expedite the process, nor did he take the Court into his confidence as to the reasons for this delay. That in itself is a delay of more than 18 months, I might add a period significantly in excess of the period prescribed by the legislation for the institution of a review.