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IN THE EQUALITY COURT

BISHO HIGH COURT

CASE NO. 564/2006

In the matter between:

MANONG & ASSOCIATES (PTY) LTD APPLICANT

and

DEPARTMENT OF TRANSPORT 1^ST RESPONDENT

AND ROADS

DEPARTMENT OF PUBLIC WORKS 2^ND RESPONDENT

SOUTH AFRICAN NATIONAL ROADS 3^RD RESPONDENT

AGENCY AUDITOR - GENERAL

EX TEMPORE JUDGMENT

DHLODHLO ADJP:

1. This is an ex tempore judgment.

2. The Court is indebted to Counsel on both sides for their submissions.

3. This is an application for leave to appeal against my judgment of 31 July 2006 in which I dismissed the Applicant’s application for relief sought under paragraph 2 of the notice of motion.

4. The application is opposed by the first respondent.

5. I have considered submissions by Counsel on both sides. I have reconsidered my judgment and I am not persuaded that another Court will arrive at a different decision. In other words, in my view there are no reasonable prospects of success on appeal.

6. The application is accordingly refused.

7. The applicant is ordered to pay the first respondent’s costs of this application.

_____________________________

A E B DHLODHLO

ACTING DEPUTY JUDGE PRESIDENT

11 AUGUST 2006

HEARD ON : 11 AUGUST 2006

FOR THE APPLICANT: MR T MASUKU

FOR THE FIRST RESPONDENT: MR G BLOEM

APPLICANT’S ATTORNEYS: MLONYENI & LESELE

KING WILLIAMSTOWN

FIRST RESPONDENT’S ATTORNEYS: STATE ATTORNEY

EAST LONDON

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