IN THE HIGH COURT OF SOUTH AFRICA 
(EASTERN CAPE, GRAHAMSTOWN)
Case No: 2672/2008
In the matter between:
K W PLANT HIRE CC 					               First Applicant
INKONKA CONSTRUCTION CC 			Second Applicant
and
T B C AHIER 						          First Respondent  
MEMBER OF THE EXECUTIVE COUNCIL 
OF THE DEPARTMENT OF ROADS AND TRANSPORT
(EASTERN CAPE PROVINCE)				     Second Respondent 

Coram:		Chetty, J
Date Heard:		17 August 2009 
Date Delivered:	20 August 2009
______________________________________________________________
JUDGMENT 
______________________________________________________________
CHETTY, J

[1]	This is an application for leave to appeal on a number of grounds which, in essence, constitutes the argument advanced before me at the hearing of the application. In my judgment dismissing the application, I fully considered the submissions advanced before concluding that there was no merit in the application. Generally speaking leave to appeal will only be granted when there is, inter alia, a reasonable prospect of success on appeal, the amount involved is not trifling or the matter is one of substantial importance to one or both of the parties. On the application of that test given the fact that the amount involved was considerable and the matter of substantial importance to the applicants it is only proper that the applicants be granted leave to appeal. Although there was some debate concerning the court to which leave be granted, I am of the view that the correct forum would be the Full Court. In the result the following order will issue – 

1.	The applicants are granted leave to appeal to the Full Court of this division.
2.	The costs of the application for leave to appeal shall be costs in the appeal. 

_________________________
D. CHETTY
JUDGE OF THE HIGH COURT 

Obo the Applicants: Adv H.P Jeffries SC
Obo the Respondents: Adv R.G Buchanan SC / Adv G.H Bloem