City of Cape Town v Carelse and Others (296/2019) [2020] ZASCA 117 (1 October 2020)

Application for leave to appeal referred for oral argument in terms of s
17(2)(d) of the Superior Courts Act 19 of 1959 – whether reasonable prospects of success or other compelling reason for appeal to be heard – visitor to resort under control of Municipality – attacked by dog brought onto premises against Municipality’s By-Laws and in the face of prominent signage prohibiting dogs – handler avoided main entrance access control – entered through an unsupervised entry point – court below holding that Municipality acted wrongfully and negligently and held Municipality liable – discussion of relevant principles and case law – no prospect of success and no compelling reason for appeal to be heard.