---

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG LOCAL DIVISION, JOHANNESBURG)

CASE NO: 25604/2016

REPORTABLE: NO

OF INTEREST TO OTHER JUDGES: NO

DATE: 8 SEPTEMBER 2016

In the matter between

VUYO MVOKO                                                                                                       APPLICANT

and

THE SOUTH AFRICAN BROADCASTING

CORPORATION SOC LTD                                                                                RESPONDENT

J U D G M E N T

(LEAVE TO APPEAL)

VAN OOSTEN J:

[1] The applicant now seeks leave to appeal against the whole of my judgment and the order I have made.   

[2] A number of grounds have been advanced in support of the application. The grounds, in my view, reveal a misreading of my judgment and a misconception of the true nature of the issues raised in the main application. What seems to have been overlooked is that the relief granted was premised on the contractual relationship between the parties and aimed at reaching finality in the pending investigation. I do not consider it necessary to once again deal with those issues and the reasons for my order.

[3] I am accordingly not convinced that another court may reasonably come to a different conclusion.

[4] In the absence of reasonable prospects of a successful appeal, leave to appeal ought not to be granted.

[5] In the result I make the following order:

1.    Leave to appeal is refused.  

2.    The applicant is to pay the costs of the application for leave to appeal, such costs to include the costs of two counsel.

_________________________

FHD VAN OOSTEN

JUDGE OF THE HIGH COURT

 

COUNSEL FOR APPLICANT                                          ADV L SISILANA

                                                                                                   ADV TN NGCUKAITOBI

APPLICANT’S ATTORNEYS                                           BOWMAN GILFILLAN INC

 

COUNSEL FOR RESPONDENT                                      ADV S DU TOIT SC

                                                                                                   ADV A BESTER

                                                                                                   ADV S KANYANGARARA

 

RESPONDENT’S ATTORNEYS                                      NCUBE INC  

 

DATE OF HEARING                                                           8 SEPTEMBER 2016

DATE OF JUDGMENT                                                       8 SEPTEMBER 2016

 

---