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IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: (2) OF INTEREST TO OTHER JUDGES: (3) REVISED: NO DATE: 21 November 2023 SIGNATURE: ________________________ |
Case No. 38719/2022
In the matter between: |
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MEC FOR ECONOMIC DEVELOPMENT, TOURISM AND ENVIRONMENTAL AFFAIRS, KWAZULU-NATAL PROVINCE |
First Applicant |
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THE PREMIER OF KWA-ZULU NATAL PROVINCE |
Second Applicant |
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and |
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THE SOUTH AFRICAN RESERVE BANK PRUDENTIAL AUTHORITY |
First Respondent |
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THE MINISTER OF FINANCE |
Second Respondent |
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ITHALA SOC LIMITED |
Third Respondent |
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ITHALA DEVELOPMENT FINANCE CORPORATION LIMITED (REG. NO. 2001/007427/30) |
Fourth Respondent |
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JUDGMENT |
MILLAR J
[1] This is an application for leave to appeal against a judgment and order handed down on 29 September 2023.
[2] I have carefully considered the order granted by me and the reasons set out in the judgment together with the arguments presented at the hearing of the application for leave to appeal and in the heads of argument filed by all the parties.
[3] I am not persuaded that another court would come to a different conclusion or that there are any other compelling reasons why leave to appeal ought to be granted.
[4] In the circumstances it is ordered:
[4.1] The application for leave to appeal is refused.
[4.2] The applicants are ordered to pay the costs of the first and second respondents on the scale as between party and party, such costs to include the cost consequent upon the employment of two counsel where more than one counsel was engaged.
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A MILLAR
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
HEARD ON: |
20 NOVEMBER 2023 |
JUDGMENT DELIVERED ON: |
21 NOVEMBER 2023 |
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FOR THE APPLICANTS: |
ADV. A DICKSON SC |
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ADV. A CHRISTISEN |
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ADV. T PALMER |
INSTRUCTED BY: |
MATTHEW FRANCIS INC.
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REFERENCE: |
MR. Y MAHARAJ |
FOR THE FIRST RESPONDENT: |
ADV. N MAENETJE SC |
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ADV. M MAJOZI |
INSTRUCTED BY: |
WERKSMANS ATTORNEYS |
REFERENCE: |
MS. C MANAKA |
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FOR THE SECOND RESPONDENT: |
ADV. L ABRAHAMS |
INSTRUCTED BY: |
THE STATE ATTORNEY PRETORIA |
REFERENCE: |
MS. Z ZENANI |
NO APPEARANCE FOR THE THIRD OR FOURTH RESPONDENTS |
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