26339/2021 - ls 1 JUDGMENT
13-06-2023
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 26339/2021
DATE: 13-06-2023
DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: NO. (2) OF INTEREST TO OTHER JUDGES: NO. (3) REVISED. DATE SIGNATURE |
In the matter between
LEON AMOS SCHREIBER First Applicant
DEMOCRATIC ALLIANCE Second Applicant
and
THE AFRICAN NATIONAL CONGRESS Respondent
JUDGMENT
WEPENER, J: I have looked at the heads of argument and listened to the argument before me in this application for leave to appeal and I must confess that there are a number of issues that were raised that were not raised during argument initially. That gives the difficulty that the Court is bound by the issues referred to it by the parties at the outset of the hearing and reduced during argument whilst Mr Mukhari SC argued and those were the only issues that remained for me to adjudicate upon. Issues raised this morning either in heads or in oral argument outside of what was referred to me by the parties during the hearing, cannot influence the application for leave to appeal as those points fell outside the ambit of the issues for me to determine.
That is all clear from the record of proceedings that was before me.
I have listened to the arguments and I am afraid that on the issues of relevance to this matter none have brought me to the view that there is any reasonable prospect of success on appeal. There is clearly no compelling reason to send this matter to another court.
In the circumstances I issue the following order:
ORDER
I find that there is no reasonable prospect of success in an appeal nor is there any compelling reason to refer the matter to an appeal court.
The application for leave to appeal is consequently dismissed with costs.
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WEPENER, J
JUDGE OF THE HIGH COURT
DATE: ……………….